Search our Blog

Subscribe to receive posts via email:

Too Drunk to Go To Jail?
By MADD | October 11, 2013| 30 Comments | Filed in: Drunk Driving

Three people convicted of second-degree murder in deadly DUI crashes urged the New York Court of Appeals earlier this week to throw out their convictions, arguing they were too intoxicated to know the threat they posed to others.

We are is shocked and appalled that these defenses were presented, as they are completely offensive to victims of drunk driving. Drunk driving is a 100 percent preventable violent crime. The argument put forth by the defense would be a travesty to justice of victims. We believe the act of driving drunk that results in the death of a person equates to murder. The court should uphold the original sentences and let the punishments fit the crimes for the act of drunk driving which resulted in fatalities. 

Families and friends of victims of a drunk driving crash are left with a lifetime of loss. Offenders who kill or injure innocent victims rarely receive a life sentence of incarceration or anything that closely matches that of a victim. The justice system should handle fatal drunk driving crashes as the violent crimes they are—a choice by a person to drive drunk resulting in the death of an innocent person or persons.

The Court of Appeals rulings are expected next month.  If this defense is allowed, it will only be a matter of time before defense attorneys try it around the country.

Please join us to show the New York Court of Appeals you believe that drunk driving is a violent crime, a choice and 100 percent preventable by signing our online petition.



Submitted by Wutfux at 03:40 PM on September 8, 2014
Ok so by your logic a dui can be charged as attempted murder? This would increase the prison population by how much? Oh wait you don't care you're MADD, not rational.
Submitted by De_Cora at 10:47 AM on November 2, 2013
This is just ignorant, it is still illegal, if they were so intoxicated they should also be arrested for going over the legal limit of intoxication. As well as the fact that if they were so intoxicated should they not be facing multiple charges. Driving under the influence is a crime in itself. As has been stated they made the choice, and it is common knowledge that they should pre arrange a plan because they knew they were going to become intoxicated.
Submitted by clintexas at 01:34 PM on October 28, 2013
If they were too drunk to know the consequences, then they'd be too drunk to figure out putting the key in the ignition would start the car and putting it in 'drive' would make it go forward. This excuse is NOT acceptable and is an added insult to everyone that has been hurt or killed due to the choices of drinking and driving, plain and simple!
Submitted by Momma sharon at 05:12 PM on October 23, 2013
Till you have lost a child this is not real to most people. People need to wake up before it is to late. We need stricter laws on driving drunk. A slap on the hand does nothing. Please consider this law it could be someone you love that will be killed.
Submitted by anonymous at 01:12 PM on October 21, 2013
the police said that they were to intoxicated to know of the threat they posed, perhaps this is true. yes, they should get time in jail, but being so intoxicated that the POLICE said that, I am willing to believe they weren't even thinking of others on the road. they probably don't remember half of what happened. they deserve time in prison but not as much time as murder. they weren't aware of their actions.
Submitted by DAMADD at 07:58 AM on October 21, 2013
I can't in good conscience support anything that MADD does anymore -- they are morons who've helped create police states with their twisted laws.
Submitted by susan at 07:02 PM on October 16, 2013
this would be such a slap in the face to all victims. stop wasting the court's time with this outrageous behavior. every person in this country knows the dangers of driving impaired. lets spend our energy on changing the mindset of our youth so they never consider driving impaired. the general population no longer is armed with guns to shot it out when they feel the need ( mindset was changed). we can do the same with driving impaired
Submitted by Annie L. at 01:25 PM on October 16, 2013
If you kill someone, it's murder-period !When you drink,you know know how it affects you-give your keys to someone,call a cab,make the bartender responsible to call 911- change the laws- something,please !!! my daughter was killed in a head-on by a drunk driver -got 6 yrs- outrageous !!!
Submitted by BG at 12:47 PM on October 16, 2013
I echo these sentiments!
Submitted by TJ at 10:13 AM on October 16, 2013
This defense is horrendous, weak minded, selfish and deplorable. NO! What message does this send about the gift of life we all take for granted with every breath we breathe? What message does this send about how we take for granted the beauty, love and joy we miss in life ESPECIALLY when we CHOOSE to drink irresponsibly? What message does this send our youth, who begin drinking before they even hit puberty, about adult responsibility and the Logical consequences of irresponsible choices? What messages does this send Americans about the reasoning of our courts regarding justice and law? It is repulsive to consider that a protector of human rights (to life, liberty and the pursuit of happiness) i.e., attorney or court of law would entertain such a preposterous defense. NO!
Submitted by Concerned at 03:18 PM on October 14, 2013
The IID is more about technique than dection. Should the technique not be completed prcisely, the car will not start for 15 minutes and then re-test. This can lock the ignition of a car with children as passengers in the winter. It is poorly engineered and creates issues when in a downtown environment where parking is hard to find as well as when traveling on the interstates. The device has more problems than cures.
Submitted by Anonymous at 02:20 PM on October 14, 2013
They should be held accountable for what they have done. Please do not throw out their convictions.
Submitted by Anonymous at 11:50 AM on October 14, 2013
As a doctor and victim of drunk driving, this is absolutely atrocious!! People know that drinking impairs their abilities. There are so many options for them to get home especially in NY. Drunk driving kills and injures. Even children know it. Would you tolerate, understand, and tolerate this explanation if the person killed your family spouse or child was free on the street and told you this?
Submitted by amwierzbicki at 05:12 PM on October 13, 2013
They need to go and rot in jail for what they did..
Submitted by Debs at 12:56 PM on October 13, 2013
They were sober when they made the decision to begin drinking. Before they took their first sip they should have arranged for a designated driver. As an adult a person has the brains and the obligation to know ahead of time what the outcome could possibly be if they get behind the wheel with any amount of alcohol or narcotics in them. If they are old enough to get to drink than they are old enough to take the responsibility for what happens in their state of drunkenness. If their murder conviction is overturned than it is just giving others permission to go out and drink. They don't have to worry about a murder conviction if they should kill someone under the influence.
Submitted by The Captain at 07:02 PM on October 12, 2013
These people made a decision to drink alcohol beverages and then attempt to drive an automobile. They should serve the sentence that they were given by the court after being convicted by a court of their peers. They did not know what they were doing is a cop out.
Submitted by PolicemansMa at 05:36 PM on October 12, 2013
This situation is so outrageously WRONG that I have no words. To let drunk drivers, especially those who cause death, go free is unthinkably WRONG! How can this happen?!! What kind of justice is this when victims die & killers go free!! My son is a police officer specializing in traffic & especially DUI enforcement. I am proud of his work; in his 7 yr police career, he's had all but 1 drunk driver convicted. But more needs to be done.
Submitted by Ginny at 03:45 PM on October 12, 2013
What an astonishing and cruel defense! Appalling!
Submitted by XYankee at 02:04 PM on October 12, 2013
I signed the petition although I am not a current resident of NY state. I grew up in NY and still have family there, and while I still lived there my father was murdered by a drunk driver, so I feel entirely justified in adding my name to those to be shared with the court.
Submitted by Leann at 09:20 AM on October 12, 2013

Leave a Comment

Enter this word:

Powered by Convio
nonprofit software