It's not negligence because you are an active participant. But, ok, let's meet in the middle and call it attempted manslaughter because you had no mens rea.
The goal of this idea is to encourage you to not attempt manslaughter with your vehicle, so if you were faced with life imprisonment perhaps you would think long and hard before you do it the third time.
I see what you're driving at (ha!), but "attempted manslaughter" is a contradiction in terms. Attempt implies intent; manslaughter is by definition without intent.
Look, I can see your point of view. There needs to be a deterrent, yes. Locking someone up and throwing away the key, though, should be reserved for only the most heinous offences. In my opinion, you should not be able to achieve that using only a six-pack, a car, and zero dead bodies.
There has got to be some other solution that doesn't utterly ruin the person's life, and the state's finances.
"Attempted manslaughter" is an actual legal concept [0]. Gotta love the US legal system :)
I think DUI three times is particularly heinous. Maybe life in prison is excessive, but the third time you do it you are well aware that it is potentially lethal, and the punishment should be on the level of attempted manslaughter. If that gets you nailed with some three-strikes thing, I think your argument should be against the three-strikes aspect.
But my original point was to disagree that DUI is the same class of crime as drug use in general, since it's incredibly dangerous for the other members of the public.
It is hard to disagree with you about the third-time DUI. I guess I am against "automatic" laws in general; it reeks of populism and "tough on crime" rhetoric, ignoring the human variables - see above article for examples. Trying to legislate judicial discretion out of the equation is, to me, a foolish idea.
Couldn't agree more on the drug use issue. They should not even be in the same category of crime.
> in Virginia a few traffic offenses can be classified as attempted manslaughter. Such as, speeding well above what classifies as reckless driving or driving sufficiently intoxicated. I think the reasoning is that if one were to kill someone under those circumstances it would be manslaughter, and any reasonable person would know that excessive speeding or driving drunk carries a high risk of killing someone even though that person isn't exactly trying to kill anyone, therefore, even though they didn't kill someone, they still basically attempted to in being so careless. IOW, you really should be charged with manslaughter, you just were lucky enough to have no actually killed anyway
> I think different jurisdictions probably punish those actions similarly, they just may call it something other than attempted manslaughter, like maybe reckless endangerment or whatever.
Reckless endangerment - I admit that strikes me as a better term, although I now understand the reasoning behind "attempted manslaughter".
How would it be less fair to permanently imprison a repeat DUI offender than it would be to wait until he's actually killed someone before locking him up for good.
Perhaps I'm misguided, but it seems to me that its more fair to impact the life of the offender than it would be to allow an innocent person to die.
Fortunately, there are more than two options. The best idea I can come up with would be to permanently suspend driving privileges for anyone with a second DUI conviction.
> The goal of this idea is to encourage you to not attempt manslaughter with your vehicle, so if you were faced with life imprisonment perhaps you would think long and hard before you do it the third time.
This is the worst part of excessive penalties -- that people think they would actually be effective. Most defendants have absolutely no idea what the penalties are until after they've been charged with the crime, which makes any deterrent effect of increasing the penalties quite impossible.
Even if you ran some kind of expensive continuous education campaign (which naturally can't work for every category of crime because there are so many types with such complicated penalties that no one could keep track), you're assuming that people engage in planning. If people planned ahead then they would all have a ride home from the bar in the first place.
The goal of this idea is to encourage you to not attempt manslaughter with your vehicle, so if you were faced with life imprisonment perhaps you would think long and hard before you do it the third time.