DUI should be no future driving priviledge and mandatory prison time. DUI
homocide should be a capital offense. We've excused drunk (drug) driving
far too long. Consequences are not severe enough.
This is so tragic and unnecessary.Anyone convicted of drunk driving should have
permanent revocation of his/her driving privileges. Some countries have this law
and there is almost no drunk driving in these countries.
Re: "It's not fair"No, it's not. But we'd
better get used to more and more of it.The "hospitality"
industry continues its assault on the reasonable alcohol restrictions that make
Utah a little safer than other places, and the marijuana industry is closing in
on us from 3 sides.It's just a matter of time -- and, not much
time, at that, if poison purveyors have their way with venal Utah legislators --
before drugged and drunk operators will be a common fixture on our roads,
trails, and waterways.Their carnage is already WAY too high. But
they'll continue to insist we owe them more and more of our innocent
So sorry for your loss. He is so cute! I have grandsons this age, and can not
even imagine losing them this way. Hugs and prayers.
When people are no longer rewarded for fleeing the scene but punished harshly
they won't try and flee the scene or blend in as they tried this time.
First time DUI should be mandatory loss of license (no way out) for a year or
two accompanied by a month or so in jail. Next time the license is lost.
Period. You can reapply after 5 years with certain provisions and you get to
spend a full year in jail. Third time - lots of jail time and you never get to
reapply for a license. Ever.
This is SO very, very sad. Little Zane looks like the sweetest little boy - so
bright-eyed and happy. I believe the law should change such that
anyone caught DUI/DWI is convicted of attempted murder, regardless if there is
an associated accident. All drivers need to understand that getting behind the
wheel while under the influence is attempted murder because they are not in
control.My heart is heavy for Zane's family.
Alcohol should be taxed at a much higher rate and the money given to victims of
DUI. NO plea bargaining ought to be allowed if someone is killed as a result of
DUI.We need TOUGHER laws, TOUGHER judges, TOUGHER prosecutors, and
an END to DUI's all together. There is no such thing as responsible
drinking and then driving....in ANY amount of booze.Many the
Legislature could do something about this. But then again.....
An unfortunate counterargument for the legislature to "modernize" Utah
liquor laws. When alcohol and hospitality interests are placed above the good of
the community, this will not diminish.
The first time you get caught DUI is not the first time you have driven drunk.
I don't have the answers, but it needs to be considered more of a crime
than a mistake.
Tougher laws will do nothing to prevent DUI's from occurring. Alaska has
some of the toughest DUI laws in the nation and still remains on the top of the
list for DUI incidents. We need to stop addressing the symptoms and start
tackling the real issue - the legalization of alcohol and other drugs in
America. They should all be illegal and banned. Too bad States and the Feds make
too much Money off the corporate empires destroying this nation.
Drive drunk go to prison. Not jail and not a fine. Drive drunk kill
someone go to prison longer. Instead of holding a gun they are
holding a 4000 pound car. Both are deadly. Both can kill and both need not be
used when drinking. We send people to prison for shooting at people
why not driving cars? A deadly weapon is a deadly weapon.
If you are pulled over and found in violation of the state's DUI laws you
should be charged with "2nd degree attempted murder." If
death has resulted because of your actions... remove the word attempted.Put up a sign going into and out of every bar, and in any location where
alcohol can be purchased simply stating "DUI = 2nd degree attempted
murder"Or add too all the manufacturers posters/ads/messages
"Please Enjoy Responsibly"...AND DON'T TRY TO KILL ANYONE!Think before you drink, don't drink before you drive!
I doubt the perp will get out of this. He probably will not have the $'s
that a "good" attorney would charge to get him off or plea bargain. Hate
to say it, but money talks.I pray that Heavenly Father will comfort
this family and they will receive a witness that their son is with Him.
My heart goes out to this young family. The loss of a child is always an awful
experience, but the loss of such a wonderful little boy in such circumstances is
beyond comprehension. As a grandfather of children of the same age, I am
devastated for them. That the driver tried to "...blend
in..." shows the sad state that mankind has arrived at. It is so typical of
the "avoid blame at all costs" society we live in. I have had folks
damage my cars in car parks, and drive away, which is a form of theft in my
eyes. "Damage something, drive away, and leave someone else to pay" is
so prevalent. The decline of moral standards is everywhere, and becoming almost
acceptable as the norm.I hope that the immediate and extended family
can gain comfort in the fact that one day they will see and hold their loved one
again. It does not diminish the immediate feeling of loss, but the Comforter
can be a great boon in time. God bless you. My thoughts and prayers are with
@procuradorfiscal:Do not blame the hospitality industry. Blame the
individual. New York has a lower rate of drunk driving related deaths than
Utah, and we know a far higher percentage of people in New York drink. Keep in
mind that drunk driving related death rates of plummeted during the past decade,
and it has nothing to do with decreased drinking. Furthermore, let's not
forget that even we were to outlaw alcohol, people would still drink.Blame individuals, not alcohol policies.
The simple truth of this issue is that the law can take away their licenses and
revoke all privileges and they will still find a way to drink and drive. The
ONLY way to stop them is to toss them in jail, period. No bail, put them in
jail and leave them there. My second to the oldest daughter is still alive but
she will never be the same, brain damage, broken bones that have taken many
surgeries to fix, 9 months in a coma, hospital then nursing home. Waist length
hair ripped from her scalp when it got tangled in the seat belt as her vehicle
rolled end over end 3 times and it bounced her like a rag doll. Drunk driving
is sheer stupidity and selfishness. Call a friend, call a cab, walk home, do
whatever you have to not to have things like this happen. Then to
add insult to injury here this drunk tried to blend into the crowd in an effort
to escape? Lock him up, give the father of this child the key and
let HIM decide when to let him out. NEVER
This article hurts at so many levels. I used to agree that anyone DUI and kill
someone should be locked up. Then I met a family whose husband in his younger
days did drink alot. He got sober and remained that way for 15 years. One day
at work, some collegues thought it would be fun to give him some Hard Ike
Lemonade, and get the "Mormon" drunk. While driving home, he took a
turn a little wide and hit another driver and killed him. When the police
arrived they gave him a breathalizer test and he measured just over the legal
limit for alchohol. He spent the next 10 years in jail and his family was
bankrupt. The judge threw the book at him because of his prior
history even though it had been 15 years. He didn't even know that his
co-workers had given him spiked lemonade. They got off scott free. I am all
for tough sentencing, but there has to be some ability to take into account all
Revoking licenses or 'privileges' does NOT prevent the driver from
driving! Take away their cars AND licenses. You can bet your friends
wouldn't allow you to drive their cars after a night out of drinking. Or
wake up in the morning to realize that your car is gonzo.We would
take away a person's guns.....take away their 'instrument' of
destruction. Yes, they could borrow or buy another car. Odds are no one would
let them borrow their car or it would cost them money they don't have.That is part of the solution. Definitely it isn't legalizing
drugs. Alcohol is here to stay, unfortunately. 10,000 deaths per
year because of drunk drivers is unacceptable. But we as a society don't
focus or do enough to address this issue.
IMO impaired driving needs some incarceration as a mandatory result. I can be
48 to 72 hours in the county jail or other designated impaired driving holding
area. The vehicle should be impounded if owned by the driver, if by someone
else, investigation why the owner permitted the driver to drive.Dram
shop laws need to provide victims and families access financially to the
establishments who sell alcohol to the impaired driver. This would include
hospitality industry.Injury or death needs significant incarceration
time.Substance abuse may be a disease or illness but it is not
society's responsibility to bear the cost of treatment. Recidivism is
high and "cure" or better said future abstinence is problematic.Accidents, unplanned events, will always happen. Mitigation, driving
impaired, is the problem and should be addressed. The public needs
to feel a sense that justice toward the victim is being served, too often the
legal system treats the perpetrator as a victim and ignores the maimed or
killed. We haven't discussed the legal status of the driver
have we? What if the driver has a driving privilege card instead of a license?
Maybe the legislature could look into that can of worms.
what about some more details that everyone is wondering about. Did the driver
have a license? Is he here legally? Was the car he was driving registered to
@Mr. SmittyCan't compare New York to Utah. People use public
transportation much more in New York, where costs to drive and park in the city
are prohibitive. In other words, people don't drive in New York because
it's easier on their pocketbooks or is more convenient, not because they
are somehow more responsible than people in Utah.
No, it's NOT fair. We spend hundreds of billions of dollars in the
"war on drugs," trying to legislate morality and protect people from
themselves. We try to control the size of drinks, who can dispense, etc., etc.
Yet, we can't seem to get the drunks or other impaired drivers OFF the
roads. We have one state agency distributing alcohol, and another attempting to
get them off the roads. But still, probably largely because most lawmakers do
drink, we still play patty-cake with drunk drivers. Insane. If penalties are
substantial enough, this wouldn't be happening often, and when it did
happen, it would only happen one time to any given driver.
First, anyone convicted of DUI should not be allowed to own a vehicle, rent a
vehicle period. There should be a national list that car dealerships and rental
car companies would use to see if a customer is on the list. Anyone caught
selling a vehicle or renting a vehicle to an offender would be subject to a
hefty fine. This includes friends who let a drunk friend take their car. It
should also Second, anyone who injures someone while driving
intoxicated should be charged with attempted murder. Anyone who kills someone
while intoxicated should be charged with first degree murder.
The fact is that if a person has a DUI that person is more likely to continue to
drive under the influence. A single DUI conviction rarely cures anyone. Killing
will continue until society severely punishes the misuse of alcohol, drugs and
I lost both my aunt and uncle to two different drunk drivers. While I appreciate
the emotional response does anyone think that tougher laws would have averted
this tragedy?@Reflectere wants to make alcohol use illegal...we
tried that and the criminals got rich. Where are my small government friends who
realize that you can't legislate this away? Will we outlaw use
of cell phones in cars? The death rates from these is skyrocketing? We have to educate people. We have to quit glorifying bad behavior. I wonder
if anyone who saw the man driving erratically made a call to the police before
the accident?This particular situation is particularly egregious
because the perpetrator seems to have contemplated escaping the scene...a drunk
and a coward. But let's not over-react or think that the solutions to a
complex problem can be fixed with tough talk and draconian laws.
It is important to know if this drunk was also illegally in the country. It is
important. He has killed a child.
Re: "Killing will continue until society severely punishes the misuse of
alcohol . . . ."Actually, it'll continue until we punish
those clear-thinking captains of industry that profit so handsomely from
supplying the substances that are known and intended to deprive customers of
their will and wisdom.Ever more draconian DUI sanctions on the
low-level hit-men, on those who actually commit these heinous crimes, leave free
and untouched the people of the venal, brutish "hospitality" industry --
including brewers, distillers, and distributors -- who are the real authors and
profiteers of the carnage.It amounts to ambulance-in-the-valley,
rather than the fence-on-the-cliff thinking.Assuring that those
profiteering from enabling and encouraging this carnage become responsible for
it can only be accomplished by expanding the reach of Utah's toothless
dram-shop laws.You'll be surprised how quickly the problem is
solved once an entrepreneurial self-interest is introduced into the system.Now, if we can only convince conniving legislators to place the
interests of voters and constituents ahead of well-heeled campaign contributors
in the "hospitality" industry.Well, we can dream, anyway.
Mr. Smitty:Unfortunately fatalities from drunk driving have many
contributing factors including 1) access to alcohol/drugs 2) propensity to use
3) personal choice/responsibility 4) percentage of drinkers using private
vehicles vs public transportation, etc. 5) the rate of average speed, number
of intersections, distance from bar-to-home, etc.Less access will
lower the number of DUIs and fatalities. So will a lower propensity to use
(which is why public awareness campaigns are important) and/or use in moderation
will also lower DUIs and fatalities. The increased use of public
transportation, designated drivers, taxis, etc. will also reduce DUIs and
fatalities. Finally, New York and Utah are poor comparisons given the higher
average speed limits, great miles traveled, etc in the West compared to densely
populated cities in the East (while distance from the bar/establishment could be
reduced by adding more bars, the increased access would likely more than offset
the lessor miles traveled, so that solution is not a reasonable one).
The other newspaper is confirming(yes, confirming, NOT speculating) that this
person should not have even been in the country in the first place. When will we start cracking down on DUI's and his other offense
seriously? How many deaths will it take?
DUI should lose the drinking privilege, not the driving one. The offender still
needs to get to work somehow. But he demonstrated that he cannot drink
responsibly, if there is even such a thing, so take alcohol away from him. Can
you reasonably expect somebody who is drunk to have the judgement not to get
behind the wheel? Alcohol sales at the very least should be controlled like gun
My father was hit by a Drunk Driver in 1998 and I have helped provided for my
parents since. This is a real issue and has effected me personally. Why don't we have enough guts to follow what Mayor Rudy Giuliani did in
the 90's? He cut drunk driving incidents down by 70% by passing a new law
that if you were caught driving drunk, whatever vehicle you were driving was the
property of the state. It didn't matter if you owned it or not. It was
now the states. The state then sold those cars off at auction and it became a
significant source of revenue for a short time before the drunkards wised up and
realized that it was tough getting to work on foot.Simple, easy, and
effective. Why won't we do this? Because of the Banker's lobby?
Make this hurt and no one will want to be caught driving drunk. Jails are too
crowded. Plus we end up just feeding them. Make them be responsible instead of
locking them up.
Your loss is for as long as you live, faith in God is hope of being together
again one day. With that truth said: if this was the drivers 1st DUI, it is hard
to prevent behaviors that have not been seen by the courts before. If it is not
the 1st time, this shows that a consistent fair method of prevention is not in
place for our society. Once a DUI is adjudicated a simple personal mechanism
should be used to prevent further lapses in judgment by the offender. Often if
the offender is wealthy or powerful, use of that power gets them special
treatment so society does not get equality under all laws. Which we must share
for the fair and just treatment of all citizens. If a judge's power to
negate fair punishment of an offender is not spelled out in the law, the use of
punishment can be unfairly dished out to the rich or powerful with different
treatment for poor or minority groups by mercy on the wealthy or elite grouping
of citizen. Carefully written laws so fair use of judicial power to all citizens
equal in the eyes of justice dispensed.
In tort law, they have something called the "eggshell skull" rule, which
basically says you take your victim as you find him, and even though you
couldn't have known that he was particularly susceptible to injury (or
death), you're still liable for all of his damages. I've long thought
they need a similar rule in criminal law, saying that whether or not you could
reasonably have contemplated killing someone when you got drunk and chose to
drive, the penalty for doing so will be commensurate with the consequences.
Many legal scholars would call that capricious, but how much ~more~ capricious
is the outcome for the victim and his family?
The toughest drunk riving laws in the world are useless until you catch someone
in the act. That means more officers on the road. Hire another 50 to 100 UHP
troopers. When drivers realize they have a high probability of getting caught
there will be reduction in driving under the influence and reckless driving. I
have seen drivers do things that are criminal in nature and they should go to
jail for it.
My sincere condolences to the family. No, it's not fair. We can argue all
we want over what the laws and consequences for drunk drivers should be, and for
the most part, little will change.Personally I wonder why certain
products are banned from the market because they MIGHT cause cancer in some test
animals, but alcohol, which is known to kill thousands every year remains at
fairly easy access because their would be a greater outcry if the FDA banned
it.The fact is, little else short of time and the comfort of the
Spirit will do much in this case. We are truly sorry.
This is a very sad story. But not everybody who drinks drives afterward. I
rarely even drink away from home. Suggesting that we tax alcohol more
will not help. I understand that we all get upset reading about these things,
but talking about capital punishment for people who get DUIs will not help
either. This "off with their head!" mentality is not the solution.
I am FOR stiffer penalties but we taxpayers will pay the incarceration costs.
Mandate some form of public service might work better.
My heart and prayers go out to the father & the family.I am & have
been a proud member of MADD. Nobody should have to go through this. This
is my only fear about them legalizing pot. I worry about those who will get
behind the wheel of a car.
My suggestion is to make automobile Homocide alcohol related to be at least a
second degree felony with the possibility of upgrading to a first degree
felony.The 4000 (or more) pound vehicle is every bit as lethal a
weapon as a gun or a knife. Use of a gun or a knife can go up to a capitol
felony (death penalty).Being drunk and driving impaired in my mind
rises up to the culpability standard that first degree felonies have.I'm sick of drunk drivers getting off lightly because the prosecutors
don't want to deal with them so they plea bargan most to "alcohol
related" reckless driving, which doesn't exist in the statue.
Drunk drivers need to go to jail, period. Taking away their license isn't
good enough. I know more than one person who continues to drive on a suspended
or revoked license. They don't care and they all think "it won't
happen to me". I agree with those who say drunk drivers should
be charged with attempted murder. There is no excuse for drinking and driving.
The message has been out there long enough. No one can claim ignorance. Drive
while intoxicated or under the influence? You know darn well you could kill
someone, therefore you are already guilty of attempted murder!