Drunk Driving or Texting!

[3/2ACR Vet]

I think they would for sure get manslaughter or second degree. First degree means premeditated.

I think a case could be made that everyone knows that texting while driving is dangerous, and could lead to a fatal accident. Willfully violating that law, knowing how dangerous it is, could be construed as first degree. It'd take a prosecutor willing to put that argument out, if, God forbid, it ever happens.

 

[ShaunyP26]

Ignore him; he was just being stupid.

Ha. Hard to tell anymore.

 

[ShaunyP26]

I think a case could be made that everyone knows that texting while driving is dangerous, and could lead to a fatal accident. Willfully violating that law, knowing how dangerous it is, could be construed as first degree. It'd take a prosecutor willing to put that argument out, if, God forbid, it ever happens.

Eh I think it would be less than 50/50 that it would work, but anything is possible.

 

[dennishoddy]

I think a case could be made that everyone knows that texting while driving is dangerous, and could lead to a fatal accident. Willfully violating that law, knowing how dangerous it is, could be construed as first degree. It'd take a prosecutor willing to put that argument out, if, God forbid, it ever happens.

Agree.

 

[Dave70968]

When you choose to text while driving, isn't that pre meditated?

Nope. Read the murder 1 statute:
21 O.S. 701.7
"A. A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof [emphasis mine]."

It's stupid and reckless, but it's not intent to take a life.

You might be able to get murder 2:
21 O.S. 701.8
"Homicide is murder in the second degree in the following cases:


1. When perpetrated by an act imminently dangerous to another person and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual;"

While "imminently dangerous" might be argued, I don't think you could meet the "depraved mind" element of the offense.

Now, compare to manslaughter 1:
21 O.S. 711

Homicide is manslaughter in the first degree in the following cases:


1. When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor.

2. When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon; unless it is committed under such circumstances as constitute excusable or justifiable homicide.

3. When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed.

You can get there pretty easily: no intent to kill, but engaged in the commission of a misdemeanor (texting while driving).

 

[RickN]

Here is the thing, if you are texting or drunk while driving you knew that what you were doing is wrong and dangerous, but you did it anyway. And I really do not care what the law says now, it needs to be changed to punish those stupid enough to risk their's and others lives because they are to damn stupid and self important to put the phone away or call a cab.

 

[Pstmstr]

LE issues very few citations for texting while driving unless it resulted in an accident. Apparently, they lack the ability to see about 80% of the drivers on the road with a phone in their hand like you and I can. I support LE but for whatever reason, this law is not enforced very strictly. I once rode side by side with a state trooper steering with his knees while he texted with both hands. I kid you not. Get a dash cam, try to be aware, and sue them for every cent they own if a texting or drunk driver hits you. If you live. If not, ask your surviving next of kin to do it for you. Everyone thinks the rules don't apply to them.


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[ShaunyP26]

LE issues very few citations for texting while driving unless it resulted in an accident. Apparently, they lack the ability to see about 80% of the drivers on the road with a phone in their hand like you and I can. I support LE but for whatever reason, this law is not enforced very strictly. I once rode side by side with a state trooper steering with his knees while he texted with both hands. I kid you not. Get a dash cam, try to be aware, and sue them for every cent they own if a texting or drunk driver hits you. If you live. If not, ask your surviving next of kin to do it for you. Everyone thinks the rules don't apply to them.


Sent from my iPhone using Tapatalk

That makes perfect sense. Really it's only if you're right next to them that you can see it. (Who else looks down that much?) if you were coming in the opposite direction you wouldn't think anything of it unless there was a swerve.

 

[Fredkrueger100]

When I see someone I just wish I was a cop. I would write them the biggest ticket I could. These idiots are too dumb to realize how quickly they can either kill someone else or their self.

 

[montesa]

I quit texting and driving because of people texting and driving. I'm not on the road that much and it seems like about half of the population pays more attention to their phone than the road.