Dangerous DWI demands strong prosecution
The only way to deal with this is through vigorous prosecution of tough laws.
Here's the appropriate statute for this case:
Felony Serious Injury by Vehicle. – A person commits the offense of felony serious injury by vehicle if:
(1) The person unintentionally causes serious injury to another person,
(2) The person was engaged in the offense of impaired driving under G.S. 20‑138.1 or G.S. 20‑138.2, and
(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the serious injury
Furthermore, the statute provides this charge is aggravated if the person has a previous conviction for impaired driving anytime during the previous seven years.
Felony serious injury by vehicle is a Class F felony.
Aggravated serious injury by vehicle is a Class E felony.
These cases allow easy convictions if it's established that the driver was impaired.
There's no need for deals or plea bargains.
Prosecute, convict and put 'em away for a few years.
Let's just hope this victim recovers fully.
Comments (6)
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My prayers to the folks involved. Strange, when I holler, about this 6 hour catch and release of illegals driving drunk, I am called a racist. coming from a long line of family members , that thought driving and drinking was ok. I can assure you that no punishment, is to harsh in my opinion!
Posted on November 13, 2008 5:49 AM
What if the injured person was a passenger in the car, bought the alcohol and gave it to the
driver, didn't have on a seat belt, got a seat belt
ticket, the driver was giving him a ride to and
from work because he had gotten two DWI's
back to back and is now pressing this felony
on the driver? He had a crushed wrist and
some broken ribs. He had knee surgery but
both knees were injured when he played
football and he went to the doctor over them
continuously for them before the wreck. Does
this not play into the defense of the driver that is charged with the serious injury.
Posted on November 29, 2008 10:38 PM
What if the injured person was a passenger in the car, bought the alcohol and gave it to the
driver, didn't have on a seat belt, got a seat belt
ticket, the driver was giving him a ride to and
from work because he had gotten two DWI's
back to back and is now pressing this felony
on the driver? He had a crushed wrist and
some broken ribs. He had knee surgery but
both knees were injured when he played
football and he went to the doctor over them
continuously for them before the wreck. Does
this not play into the defense of the driver that is charged with the serious injury.
Posted on November 29, 2008 10:38 PM
Also on the comment above the driver has a
clean record with not even a speeding ticket
and no criminal convictions.
Posted on November 29, 2008 10:44 PM
Are you saying that this charge is only
aggravated if the driver has a previous DWI.
What is it if his driving record is clean
Posted on November 29, 2008 10:46 PM
Interesting situation.
First, the charge is aggravated only if the driver had a previous DWI within the past seven years.
On the other issues: yes, the the injury may be suffered by a passenger in the vehicle -- like the woman who was a passenger in Tolly Carr's vehicle. It doesn't matter why the passenger was in the vehicle. It doesn't matter whether the passenger had previous DWIs. It doesn't matter who gave the alcohol to the driver. No one made him drink it and then drive. That's not a very good defense. Whether the injuries were caused by the accident or some previous injury probably would be a matter for the jury to decide.
Posted on December 1, 2008 5:56 AM