Quote Originally Posted by kenyonchris View Post
They can attempt to charge him with murder...if they can't prove intent, it will get downgraded to manslaughter, that won't happen till the DA kicks the case downhill if intent can't be shown. I would have charged him with murder, knowing that (in our county especially) the DA wouldn't take it. But he is on his third (I think?) DWI, that is a felony in itself. He is going to big boy jail.
Some people are idiots. They drive drunk with KIDS in their car, they take sleeping pills with their wine and put their kids in the car. That is a felony the first time, as it should be.
Bah. I hate hearing that, it makes me mad. The worst thing is that there are a lot of officers that hate doing DWIs because of the state mandated paperwork we have to do with them, and the fact that we are going to be put on the stand and grilled to death by a defense attorney who KNOWS his client probably was drunk, but is paid to make a jury, who typically knows NOTHING about field sobriety tests or the law in regard to them, see things that just aren't there. And the prosecutors in routine DWIs are typically underpaid new lawyers cutting their teeth in district court...they are usually sharkbait for the defense lawyers. I LOVE doing them, even though it means 3 hours of paperwork (and I am fast)...more if it is weird. I feel like I am saving someone somewhere.
My husband is a DA. He and his firm are not underpaid or new. They take cycling accidents, thefts, etc. very seriously. I think if you have a DA that is a cyclist it makes the most difference. It is up to the attorney to educate the jury in re to the tests, etc. It is wonderful that you are being proactive in re to DWI. Keep up that attitude. You probably have already saved a life.