DaveLovesDee

Poor people are unlikely to be able to afford as good a lawyer as rich people can.....

Pulaski

And then you have the likes of the SC Bar Association who objected to the permissibility of blood-alcohol readings as evidence in court becuase "it interferred with their ability to make an effective defence".

SpoogleDrummer

What can I say? When I heard about the accidents I assumed they were screwed and going to jail yet nothing really happened which explained why there's so many drink drivers about here as there really isn't much of a deterrent. The most recent one didn't even lose his license.

Pulaski

And that doesn't even mean what most people outside the US would think. Even if you have "lost your license" (in NC, and I presume other states) you are allowed to drive to work, to school, to buy groceries, to church ..... it is no more effective than the US-style coronavirus "lock-down".

andyrebell

Why are these deaths not manslaughter or even murder in some of these american states. Remember that guy rubbish truck driver wasn't he? killed the british tourists on by Penn Station wasn't it a few years back. He lied about having epilepsy to get the driving license and had a seizure at the wheel he got done for murder 2 depraved indifference to human life as opposed manslaughter. His conduct created a "grave risk" of death as opposed to substantial risk of death". he is doing life. How is killing someone drink driving not the same thing considering the laws in america?

DaveLovesDee

Lawyers, and horse-trading...

And remember, in some places, Sheriffs and/or judges are political appointees. It's not always who you know, but it not always isn't either.... Especially in small towns.

Pulaski

There are 51 sets of "laws" in America, plus Federal law. Things can have very different laws in different states, and can be legal in one state and a crime in another. Areas with wildly different laws include areas such as alcohol sales, gambling, drugs (most notably cannabis), gun laws (open carry, concealed carry, magazine size, etc.), marriage law was very diffenre for several years and there are still quite different marriage laws including the age you can marry and who you can marry), and many other areas of legislation.

andyrebell

Hang on a minute there is only 50 states in America? Hawaii, Alaska and the 48 mainland states. Or I am not counting DC in my count?

scrubbedexpat091

Like most things in the US, it varies state to state, different states have different laws, the vast majority of criminal cases are dealt with at the state level, not the federal level.

If caught drunk driving in California your facing some pretty hefty fines, and other things, likely wont get a jail sentence on first offense though, assuming you didn't hurt or kill someone.

If you kill someone in California while drunk you can be charged with Vehicular manslaughter while intoxicated which can be a felony or misdemeanor, Gross vehicular manslaughter while intoxicated which is a felony or DUI murder which is a felony.

Prosecutors have to be able to prove for Vehicular manslaughter while intoxicated:

1. That you drove under the influence
2. That you broke some other law (such as speeding) in addition to your DUI
3. That you acted with “negligence”
4. That your negligence directly lead to someone’s death

Gross vehicular manslaughter is identical to regular vehicular manslaughter, except for two things:

• The prosecution must prove that you acted with “gross” negligence
• Gross vehicular manslaughter while intoxicated is always tried as a felony.

If convicted faces a minimum of 4 years to a maximum of 10 years.

The most serious DUI charge you can face is DUI murder. DUI murder implies that you set out driving drunk with a conscious disregard for human life, but this charge is fairly rare as its very difficult to get a conviction on this charge, but if convicted its anywhere from 15 years to life.

DA and defense of course will want to avoid trial whenever possible and will likely come to a plea bargain for lesser charges both sides can agree upon.

scrubbedexpat091

50 states + DC + federal, so maybe 52 there, but dunno if DC has its own criminal justice system.

There are also US territories such as Puerto Rico, US Virgin Islands, Guam, America Samoa, Northern Mariana Islands, and I would imagine laws in these regions differ as well.

Pulaski

Yup, DC has its own laws - there are 50 states plus DC.

Pulaski

If you're going to start counting "justice systems", then there are the US military courts and prisons too.
I think that would be confined largely to instances of you deliberately using a vehicle as a weapon in lieu of a gun, knife, etc.

scrubbedexpat091

Ah yes those too, forgot about those. ha ha

macliam

Just keep getting flashes of the man in black, chewing a matchstick and saying "I'm the law round these parts, pardner......"

Pulaski

Which reminds me, I am hoping to watch "Django Unchained" this weekend.