topic Re: DUI Penalty Proposal in Community Chat

DUI Penalty Proposal

Marp — Thu, 19 Jan 2023 14:43:27 GMT

Just heard about the following which I wholeheartedly support. The report said it is based on current Missouri and Tennessee laws. It also said there are something like 17 other states considering such a law. I hope NC is one of them.

ANDERSON, S.C. (FOX Carolina) - Two Upstate lawmakers have sponsored a bill that, if passed, would require convicted drunk drivers to pay child support if they kill a parent in a crash.

On Tuesday, Representatives Stewart Jones and Joseph White introduced the bill, which would apply to crashes involving vehicles or boats, in the South Carolina House.

If a driver is convicted of reckless vehicular homicide while under the influence or convicted of reckless vehicular homicide with a past DUI conviction, the driver would have to pay child support to the victim’s children who are minors.

The payments would continue until the child reaches 18 and graduates high school.

The bill was referred to the House judiciary committee.

Re: DUI Penalty Proposal

cjm61 — Thu, 19 Jan 2023 14:51:27 GMT

Well, for all intense and purposes, it sounds like a good idea. But, if a person is convicted of reckless vehicular homicide, they will be put into prison for several years. Could be they are in prison the entire time a child is in their youth. Not sure how that would work since a person can't work and bring in an income while incarcerated. I guess a parent could sue them after release but it doesn't sound so cut and dry.

Re: DUI Penalty Proposal

Kachina624 — Thu, 19 Jan 2023 15:33:06 GMT

Such a penalty could be assessed but collecting it from deadbeats would be counterproductive. They can't even get child support from many parents who should have a vested interest in a child. Also, children of victims of a vehicular homicide would be eligible for Social security, so they'd already be getting a payment.

I don't see this as a great deterrent to DWI.

Re: DUI Penalty Proposal

deepwaterdotter — Thu, 19 Jan 2023 15:40:49 GMT

I'm not convinced that there is an effective deterrent to DUIs. Drunk people seem to have no problem getting access to an operative vehicle.

Re: DUI Penalty Proposal

millieshops — Thu, 19 Jan 2023 15:41:17 GMT

@Marp Sounds like some justice. Any statistics on how well the law is working in the states that already have it in place? I've heard so many stories about spouses who are supposed to pay support, but don't that I wonder what percentage of drunk drivers would actually pay.

Anyone already paying? Many fewer SUI's in the states with that law? Either of those results would be persuasive if I had to make a decision.

Re: DUI Penalty Proposal

Pook — Thu, 19 Jan 2023 15:49:32 GMT

Child support is usually figured in when insurance settlements are paid aren't they?

Re: DUI Penalty Proposal

CelticCrafter — Thu, 19 Jan 2023 15:57:06 GMT

What if the convicted files for bankruptcy?

Is this the type of debt that will follow them to the grave?

Re: DUI Penalty Proposal

KCDiva — Thu, 19 Jan 2023 16:01:15 GMT

I just wish they would enforce DUI penalties. a lot of times when a person is drunk and kills someone, they have had multiple DUIs. Getting out of a DUI is relatively easy I suppose. I have never had one. I know there are lawyers who specialize in getting the charge reduced or thrown out. Makes me sick.

Re: DUI Penalty Proposal

Imaoldhippie — Thu, 19 Jan 2023 16:08:23 GMT

While it sounds like a good idea I have doubts.

How can they legally make a person pay again for a crime that has already been paid?

Re: DUI Penalty Proposal

Carmie — Thu, 19 Jan 2023 16:22:54 GMT

This sounds good in print, but I doubt it will work.

What if the offender has little or no income?

Re: DUI Penalty Proposal

kitcat51 — Thu, 19 Jan 2023 16:50:01 GMT

In Tennessee a 1yr sentence in prison for vehicular manslaughter is insane...you're drunk, the car is a weapon, you killed & deserve a long prison sentence.

Re: DUI Penalty Proposal

vsm — Thu, 19 Jan 2023 17:58:04 GMT

@KCDiva wrote:
I just wish they would enforce DUI penalties. a lot of times when a person is drunk and kills someone, they have had multiple DUIs. Getting out of a DUI is relatively easy I suppose. I have never had one. I know there are lawyers who specialize in getting the charge reduced or thrown out. Makes me sick.

You're right about enforcement, @KCDiva. Some posters are mistakenly equating child support ordered in divorce cases as a civil matter with the fines and restitution that are routinely ordered as part of the sentence in criminal cases (such as reckless driving), regardless of whether that sentence includes prison time. If the twice-convicted driver doesn't have the assets, he doesn't have the assets (the law recognizes that you can't get blood out of a stone). But if he does, he would be required to pay the child support as he would any other form of restitution or fine, which are fully enforceable under the criminal law. Payment could be ordered in a lump sum or in installments, and would be enforced by the criminal court (unlike in the typical divorce case). That's the way criminal laws work in every state and in the federal system as well. Definitely worth a try, and kudos to the states that are doing it.

Re: DUI Penalty Proposal

Laura14 — Thu, 19 Jan 2023 18:01:05 GMT

I'm with @Pook . This is already part of the insurance premiums that we all pay. Unless the insurance specifically exclude DUIs, which they can't from their policies, if this passes, it's another reason for all of our car insurance bills to go up again. They do not need any more reason to pass along the cost of claims!

Re: DUI Penalty Proposal

Love to Run — Thu, 19 Jan 2023 19:01:14 GMT

Sounds good, but seems redundant. Survivorship by minor children is already taken into account in any civil proceeding.

Re: DUI Penalty Proposal

gertrudecloset — Thu, 19 Jan 2023 19:05:59 GMT

This sounds like some legislation they are throwing together to appease their constituents. It's not possible for these people to do time in jail and pay child support at the same time. They can take the monthly payments via garnishment if the accused has any money stashed away, but that might not be enough.

For those that don't have any savings: the only way this can happen is if they are let out on work release programs for the sole purpose of restitution to the minor child[ren].

Otherwise, it's all smoke and mirrors.

Re: DUI Penalty Proposal

Stelladorable — Thu, 19 Jan 2023 19:17:08 GMT

I believe that after your time in prison is done, you should be able to begin your life on the outside with as few barriers to recidivism as possible.

I don't think the purpose of punishment with eventual release is to completely ruin the person's life forever.

Making it impossible for an ex-con to get a job and support themselves above the poverty line is a recipe for more criminal acts.

Re: DUI Penalty Proposal

mimomof4 — Thu, 19 Jan 2023 19:20:47 GMT

While it sounds like a great idea I'm not supportive for a few reasons

our current system for child support doesn't guarantee that payment will be received
the driver should be in jail
after leaving jail the driver will not be difficult to employ
just because someone is a parent does not mean they are financially responsible for a child

Re: DUI Penalty Proposal

gertrudecloset — Thu, 19 Jan 2023 19:39:42 GMT

@mimomof4 wrote:
While it sounds like a great idea I'm not supportive for a few reasons
our current system for child support doesn't guarantee that payment will be received
the driver should be in jail
after leaving jail the driver will not be difficult to employ
just because someone is a parent does not mean they are financially responsible for a child

I agree. Finally it's not a well thought out policy. Like I said, I think it's being put forth for show. There is no way such a policy can be implemented.

Re: DUI Penalty Proposal

FiddleDeeDee — Fri, 20 Jan 2023 03:22:04 GMT

Many laws/policies sound great in principle and are a HUGE flop in reality.

If I ruled the world; Install mandatory breathalyzers in all cars that a convicted drunk driver and ALL FAMILY MEMBERS/THOSE IN THE SAME HOUSEHOLD own. How about drunk drivers lose their licence for 30 days the first time. IF they were dumb enough to drive drunk, they would lose it for 6 months. Happens a third time, lose it for good. If there is an accident involved, lose it at that moment forever. If they KILL someone or MAIM someone, death penalty and the loss of all their worldly good. Bartenders/restaurants/people who host parties should be held financially accountable to the victim and their families. Hold people freaking responsible!!

Our laws are WAY WAY too lenient on drunk drivers. I have zero tolerance for anyone who drinks and drives. ZERO.

Sensitive topic for me folks, sensitive topic.....

Re: DUI Penalty Proposal

LuvSoCal — Fri, 20 Jan 2023 04:33:36 GMT

@FiddleDeeDee wrote:
Many laws/policies sound great in principle and are a HUGE flop in reality.
If I ruled the world; Install mandatory breathalyzers in all cars that a convicted drunk driver and ALL FAMILY MEMBERS/THOSE IN THE SAME HOUSEHOLD own. How about drunk drivers lose their licence for 30 days the first time. IF they were dumb enough to drive drunk, they would lose it for 6 months. Happens a third time, lose it for good. If there is an accident involved, lose it at that moment forever. If they KILL someone or MAIM someone, death penalty and the loss of all their worldly good. Bartenders/restaurants/people who host parties should be held financially accountable to the victim and their families. Hold people freaking responsible!!

Our laws are WAY WAY too lenient on drunk drivers. I have zero tolerance for anyone who drinks and drives. ZERO.

Sensitive topic for me folks, sensitive topic.....

@FiddleDeeDee Unfortunately, drinking and driving is not illegal unless BA level is .08 or higher. I agree that consequences for DUI are not harsh enough. Many who have their license suspended will still drive hoping they don't get caught. People who drink and drive can, also, find a way to circumvent a breathalyzer check.