A new law in Texas requires convicted drunk drivers to pay child support if they kill a child’s parent or guardian, according to House Bill 393.
The law, which went into effect Friday, says those convicted of intoxication manslaughter must pay restitution. The offender will be expected to make those payments until the child is 18 or until the child graduates from high school, “whichever is later,” the legislation says.
Intoxication manslaughter is defined by state law as a person operating “a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.”
If only there was something to do besides getting drunk. Or if only there was a way to stop drinking before you get hammered.
Car dependent infrastructure has very little to do with people making bad decisions. Getting drunk shouldn’t be a given.
People can enjoy a drink responsibly, but you shouldn’t drive even if you’ve only had a couple of drinks. Even a small amount of impairment is unacceptable when you’re controlling a machine that could easily kill other people by mistake.
I’d argue anyone drinking and getting behind the wheel is making a conscious enough decision to make it murder. And I hope that more cases end up going that route of prosecution
That’s an interesting take, that going drinking without a plan to get home without driving drunk would considered premeditation. I don’t think I agree with it exactly, but it certainly should be an enhancement to manslaughter.
There’s actually precedent, like they’ve actually convicted someone of murder for drunk driving before. Maybe a few times, but I’m sure it’s exceedingly rare.
A little philosophical, but the drunk person who decides to drive is a different person than the sober person who decided to drink in the first place. Punishing the sober person for the decisions made by the drunk version of themselves is maybe misguided, except for as a deterrent that says “don’t turn into a drunk person that can make stupid decisions”
I’m not sure what the right answer is to this problem. Just some food for thought
That’s just about the least convincing take I’ve ever heard. You can absolutely punish the person who made the decision to impair themselves beyond the ability to make rational decisions. They came from the same decision to get drunk by the sober person. A person who has a propensity to get drunk and drive is a danger to everyone and needs to be dealt with accordingly.
I think you missed my point. My point is that the crime the sober person makes is deciding to become impaired. That’s different from saying the sober person made a decision to drive drunk - the drunk person made that decision, not the sober person. There are 2 different people here in this scenario. Whether the law should treat it that way is a separate discussion. It would have some similarities with a “temporary insanity” defense.
I did not miss your point. I thought it was entirely unconvincing. The other person is the same person just with the disadvantage of being fucked up.
Edit. Furthermore, I believe that the drunk self is just an amplified version of the sober self. My theory is that if your drunk self is capable of doing bad, so is your sober self.
Hi friend, you do you, but it’s the same idea as this: https://old.reddit.com/r/philosophy/comments/peftk6/a_death_row_inmates_dementia_means_he_cant/
You’re of course free do disagree, but I’ve the sense that you haven’t really considered the issue.
I also disagree with the oft-repeated sentiment that the drunk self is an amplified version of the sober self. I think the simple reality is that alcohol changes our behaviors and judgments.
Then I believe you’re an enabler and should probably rethink what you’re willing to tolerate
Do you really think I haven’t considered your idea? It is utterly unconvincing. Dementia and drunkenness are not the same thing, and I’d say if a person can’t remember doing something heinous, that is not a compelling reason either.
I’ve thought about that before, personally, drunk driving is SO UNTHINKABLE to me, it’s never even occurred to me at any level of drunk. All the way down to near blackout drunk.
If the thought of killing someone doesn’t deter you that much, then maybe definitely ruining the rest of your life will have that effect. And if you really can’t trust your drunk self, if drunk you is so much more stupid, then yeah, society needs to scare you out of drinking in the first place.
The crux of the issue is they think they won’t hurt anyone. They give 0 thought to the idea they would hurt some. That’s how this happens. Any person who thinks they might hurt someone won’t drive. They gain false confidence by drive many times without incident.
I don’t think a single drink drive ever considered that they would hurt some or get hurt.
Yeah, exactly. It’s the same reason why punishment is only a deterrent to crime to certain extent, and it doesn’t work absolutely.
You could make the punishment for shoplifting be summary execution, and it would still happen on a regular basis. Because people think they won’t get caught, even with evidence of lots of people having been caught before.
It shouldn’t, but unfortunately it’s a big part of our society.
i would go further and say it’s a big part of human culture generally.
Those poor murderers, they couldn’t help themselves.
Drinking is a personal choice.
Yes, I agree people are allowed to do absolutely idiotic things without consequences.
Drinking is a personal choice. Getting drunk affects more than yourself.
Yeah, people should have the right to choose to drink, and then choose to drive, and “accidentally” kill someone.
That isn’t what I said and you know it. Drinking is not something a person should have to justify to anyone but themselves. This is not an endorsement of drunk driving and no one assuming good faith would have assumed I was making one.
You have a right to put a chemical into your own body. It only becomes an issue for those around you when A leads to B and B is other people either getting hurt or very nearly getting hurt.
Well, I didn’t get what you were saying. In this context, I don’t why tf anyone is even talking about infrastructure.
And then your statement seemed like a non sequitur. So, I was just saying what my read of your statement was.
I don’t think people normally say things like what I said, legitimately accusing the other of saying that. But as a hyperbolic expression, for the sake of highlighting a misunderstanding.
Sorry I snapped at you.
No worries, jumping to the hyperbolic tone was also a bit snappy of me.