Hate drunk drivers, but I'm torn over this...

i really was trying to avoid this.

 

My mother was killed my a third time drunken driving offender and only served 18 months. That was 16 years ago, thankfully some laws have changed. However, it does sound like double jeopardy if he has served time for this crime and is now being charged in this guy's death.

 

I'm sorry, redmnm2. I've seen a lot of lives affected by drunk driving, which is why I feel so strongly about it.

But my feelings aren't the reason I think this guy should do more time. It's the law. Look it up, Zeke.

 

I've looked it up, Cadet, and I cannot find any precedent for increasing the punishment on a defendant for the same act once they've been tried and convicted and begun serving their sentence -- let alone after they have completed their sentence.

We have plenty of lawyers around here, and I'll gladly admit it if I'm wrong, but I don't think I am.

 

I see your election-year grandstanding point, but I will never, never have sympathy for a drunk driver that injures and/or causes the death of an innocent person, regardless of the timeline.

He KNEW when he started drinking that he could get drunk enough to drive. It's MURDER, and it always will be.

 

Sheesh, nearly 100 years ago Supreme Court ruled that these type of charges are not double jeopardy: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=223&invol=442

 

OK, here's an article citing a specific example and how two courts rejected the defendant's claim that he had already "served his sentence":

http://findarticles.com/p/articles/mi_qn4183/is_20051206/ai_n15900805

 

Your case law addresses a three-day lapse, not years.

And it also addresses a guy who paid a fine originally -- I'm guessing to a misdemeanor, which the SC hasn't held are subject to that same fifth amendment protection (because of life and limb language).

If you find a case where a person actually served jail time and then was recharged with the same act, I'd love to read about it.

Happy hunting.

 

OK, Desmon Venn: http://www.theoaklandpress.com/stories/052405/loc_20050524004.shtml

 

Two more: Lance Allen Schmitt and Joseph Wells Stapleton: http://www.theoaklandpress.com/stories/070105/loc_20050701003.shtml

 

I just read the story, TSP, and Desmond Venn is stil serving his original 29-month to 30 year sentence.

So, no.

 

Wow. This guy didn't even die as a direct result of the douchebag's action. He suffered a blood clot after surgery long afterwards. Jeebus. That's scary. I'm all for Starman justice, but this seems a helluva a reach, even for these bastards.