Kill someone while drunk driving in Canada = 5 year prison sentence

[FlamingLonghorn]

Originally Posted by gargamel

That's not necessarily true. Killing with extreme indifference to the value of human life is still murder (2nd degree in the U.S., though I'm not sure how it works in Canada), and I'd argue that driving drunk is about as "indifferent to the value of human life" as you can get. Either way, what we call it is less important than how we punish it.

Has anyone ever won that argument in a court of law? It's tenuous at best. Pretty sure they just get charged with vehicular manslaughter in the US.

[gargamel]

Mansalughter convinctions are more common, but at least in some states, there have been 2nd degree murder convinctions.

[Suzles]

Not having read too much about this so perhaps someone can tell me - does the ten year driving ban start after he comes out of jail or is jail time part of the ban?

[Agamemnon]

Originally Posted by Sowa

Has anyone ever won that argument in a court of law? It's tenuous at best. Pretty sure they just get charged with vehicular manslaughter in the US.

Just a quick google, looked interesting;

Felony second-degree murder charges are brought when it is believed that the drunk-driver acted with implied malice, or a conscious disregard for human life. The charge is unusual in a DWI case, because it’s extremely difficult to prove implied malice on the part of a drunk driver.
However, if the driver has prior DWI convictions, a prosecutor can use those priors to show that the defendant knew the dangers of drunk-driving, but chose to get behind the wheel anyway. In California, a defendant who pleads guilty or no contest to a drunk-driving charge must admit to that knowledge either in court, or through a signed admission. This admission, known as a “Watson warning,” can be used as evidence that the person acted with implied malice in a subsequent prosecution for second-degree murder.

http://www.californiaduihelp.com/felony/murder.asp

[Devils'Advocate]

(A) Given how many people on CalgaryPuck have admitted to drunk driving, the difference between many of the folks here and this guy is "luck".
(B) As for the Canadian legal system, I've asked before... what country does it better? Is the United States better? China? Saudi Arabia? I'd love to know.

[CaptainCrunch]

Originally Posted by Devils'Advocate

(A) Given how many people on CalgaryPuck have admitted to drunk driving, the difference between many of the folks here and this guy is "luck".

Disagree, the guy is a multiple offender, he was already under suspension for drunk driving. He's basically unreptentant. The guy has a serious disregard for other peoples lives. He shouldn't have been driving drunk or sober period. That to me is why is probably should be sitting in jail for a longer time. He basically raised his middle finger to the law and killed a woman in the process.


Thats not saying that I'm excusing people who drive drunk. I have a lot of problems with people who decide its ok to rish other peoples lives.

Originally Posted by Devils'Advocate

((B) As for the Canadian legal system, I've asked before... what country does it better? Is the United States better? China? Saudi Arabia? I'd love to know.

Well since I'm on the extreme side of the law and order spectrum, Thailand

[Devils'Advocate]

Whether you drive drunk once, or 100 times.... it's just luck whether you end up killing someone or not.

In Thailand, "drunk driving" has not been traditionally seen as a serious crime.. even now you get sentenced to 10 hours community service for repeat offenders.

[CaptainCrunch]

Originally Posted by Devils'Advocate

Whether you drive drunk once, or 100 times.... it's just luck whether you end up killing someone or not.

In Thailand, "drunk driving" has not been traditionally seen as a serious crime.. even now you get sentenced to 10 hours community service for repeat offenders.

I was kidding on the Thailand thing, I'm not up to date with international law.

And to me because the guy was already a lousy driver, who shouldn't have been driving because of his previous sentence. Was seen staggering out of the bar at 1 in the morning to crawl into a borrowed SUV, it was more then likely inevitable that he was either going to kill himself or someone else not bad luck.