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 M¢25  Funded By Mahalo ? |  June 17, 2009 01:00 PM

How does someone charged with DUI Manslaughter only get 30 days in jail and 1000 hrs of community service?

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June 17, 2009 06:06 PM
While the offense may include aggravating factors (e.g the victim suffered injury or death), or mitigating factors (e.g. the victim ran a stop sign), each state has its own sentencing guidelines. Also taken into consideration are prior offenses, convictions, etc.

However, the sentencing in the cited case may have been reached by plea bargaining. While rare in DUI/DWI cases, it can occur. While I'm not satisfied with the professionalism of the link provided, it does give some good information about the plea-barganing process.

To keep things in perspective, 1000 hours of community service equals 25 40-hour weeks. That's a half year of working full time with no pay. For someone who makes $20-$30 an hour at his or her job, that's a heavy penalty. If the offender already works full time, consider how long it would take to fulfill 1000 hours in his or her free time. Compare that to the state's cost to house that person for X number of years. Just some things to think about.

Respectfully,
Shin
Source(s):
state-by-state sentencing guidelines for DUI/DWI offenses
http://law.jrank.org/pages/11806/Drunk-Driving.html

plea bargaining in DUI/DWI cases
http://www.drunkdrivinglaws.org/duipleabargaining.html



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Voted as best: easyeboy, stanar
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June 17, 2009 01:08 PM
I've heard it told that the best way to kill someone and 'get away with it' is to get drunk and run them over. It's shocking. My neighbor has adopted their nephew because his parents were run over in front of him when he was a teen.

The driver paid a fine and cannot drive for about a yr. Craziness.

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Voted as best: the_brain
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June 21, 2009 03:56 AM | view on twitter
According to California Code:

1. The degree of punishment depends on whether the crime was classified as a misdemeanor or a felony.
2. Factors determine punishment include gross negligence, guilt, intent to kill, and the death of the victim. If the intent to kill was absent than the court will assign manslaughter. If the intent to kill was proven than the court can rule vehicular homocide.
3. DUI can be considered gross negligence. DUI is consider reckless disregard for another persons safety
Source(s):
http://sandiegodwi.com/vehicular-manslaughter.html


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