I think that if you used a mandatory sentence in the situation below, it would be unfair.
A friend of the family lost their daughter in a drunk driving accident. The girl was 17. She and her BF (they were BFF her whole life) went to a party, where they both drank nearly equal amounts of alcohol. They both were aware of what the other one was doing. On the way home from the party, her BFF lost control of the car and hit a tree. The friend died that evening at the hospital. The BFF had only a minor injury.
At first, the family was sad for the BFF's future, however, they didn't want this to ruin her life anymore than it had already. There were several other nights that the fates could have been reversed. However, by the time of the sentencing, the family felt the BFF wasn't sorry enough and wanted her to have a more severe punishment than discussed.
I feel like grief played a role in their change of heart, not logic. I don't think 20 years was approriate in this situation.
Re: My issue with mandatory 20 yrs for a DWI accident
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There are mandatory sentences for lots of crimes, but it doesn't mean you will get 20 years without a trial and conviction. even with a conviction "mandatory" doesn't always mean "mandatory"
I was tee-boned by a drunk driver and if I had been in a car and not a SUV, the officer said his guess is I would not be here. The guy took off and they could not find him for court.
I agree that there needs to be setencing for DWI or DUI. I have no compassion for people who do this and I feel they should be prosecuted.
I do not agree with mandatory setencing, but I do agree that they need to have consequences for their actions.
I know a girl that this exact same situation happened to. (the only thing diff. is that they weren't BFF for their whole lives) She is not serving time. She got married and has a LO. I have no idea how she "got out of it".
I personally feel like a life was lost and it was her decision to drive. How would you feel if this was your baby. The person who died was somebody's child. : (
but why wouldn't it be fair? because she was 17? because the other girl in the car drank, too?
Neither of these are reason enough to excuse her behavior, imo.
I think it would be unfair to make exceptions.
In the end, it's the same result. It's the same crime.
I just feel that the length of time (20 years) by comparison with other crime sentences to be unjust. I'm not saying that being 17 or the other girl drinking excuses her behavior, it just the situation. I just feel that 20 years is not a fair sentence. This situation always stuck with me in my head. We have another friend of the family on my DH's side that should be in prison for amount of times she has been given a DWI. Because she has had tickets in 3 different states, they haven't totally caught up with her yet. She is currently not driving because she just received her first infraction in NJ (mandatory loss of license for 7 months). Her behavior is appalling. She has had several accidents in the past that were drinking related. I do (and did) think the girl in the original story should have severed jail time. I just felt that had she lived in a state with a mandatory 20 years, it was an example that in my opinion (which is clearly the odd man out here, LOL) of a tragic case that does not warrant 20 years.
Why? Her age? The fact that it was her friend? The fact that the deceased was also drunk? I want to understand your logic.
She should be tried and serve jail time. I think every DUI should serve jail time. Obviously when there is a life lost it should be longer. I dont' think you can make a blanket 20 year term though. Every case should be tried and sentenced.
to me it's not "tragic" it's someone made a decision that cause another's death. she should pay for the death SHE caused.
Several things, but first, do you have a family member that has been killed by a drunk driver? I do, and let me tell you, it is a horrible experience to go through. Horrible doesn't even do it justice.
So, if there were a mandatory 20 year minimum if someone stabbed another person to death would you support that? Because to me there is no difference. People make choices. This girl chose to get behind the wheel of a car when she was drunk and killed someone. Yes it's tragic, but why is it any different than any other drunk driver killing someone?
I'm not condoning drunk driving at all, but this "other friend" that you have, you say she should be in prision because of the number of times she has had a DUI (I don't disagree), but has she killed anyone? Why is it that the driver who HAS KILLED someone else deserves a break, but the other person doesn't?