Legal Question

[slyc_willie]

I have a character, 18 years old, who is driving drunk when he plows into another car, killing two people.

My questions to all those in the legal know:

1) What, exactly, would he be charged with? Vehicular Homicide? Negligent Homicide? Manslaughter?

2) What kind of prison terms would he be subjected to, and when could he be eligible for parole?

Tentatively, I'm working around the idea that he is sentenced to two 20-year sentences, to run concurrently, with parole happening about eight years after he is incarcerated. Is this realistic? If not, what factors would I have to change to make it realistic?

Thanks in advance.

 

[neonlyte]

I have a character, 18 years old, who is driving drunk when he plows into another car, killing two people.

My questions to all those in the legal know:

1) What, exactly, would he be charged with? Vehicular Homicide? Negligent Homicide? Manslaughter?

2) What kind of prison terms would he be subjected to, and when could he be eligible for parole?

Tentatively, I'm working around the idea that he is sentenced to two 20-year sentences, to run concurrently, with parole happening about eight years after he is incarcerated. Is this realistic? If not, what factors would I have to change to make it realistic?

Thanks in advance.

In the UK, we have the rather quaint 'Causing Death whilst Driving' - rarely carries more than 2 to 3 years in prison. However, the charge can be upgraded to Manslaughter if the driver was 'driving dangerously' or drunk at the time of the offence, still unlikely to serve more than seven years inside. At the moment, our prisons are full, the convicted are being asked if they'd like to 'book in' during a quieter period.

 

[slyc_willie]

In the UK, we have the rather quaint 'Causing Death whilst Driving' - rarely carries more than 2 to 3 years in prison. However, the charge can be upgraded to Manslaughter if the driver was 'driving dangerously' or drunk at the time of the offence, still unlikely to serve more than seven years inside. At the moment, our prisons are full, the convicted are being asked if they'd like to 'book in' during a quieter period.

Well, my story takes place in the US, but thanks for the info anyway. I'd forgotten how 'whacky' the UK can be -- no offense intended, of course. My wife was British.

 

[JPMMURPHY]

Actually, US law is similar to UK. In that the sentence would be low. Here's the real catch - depends on what state. That would be a state law and state offense unless a kidnapping or other federal violation is involved.

Pick your state and google - driving law texas - for example. If you wade through it, you will find fines and penaltys.

 

[slyc_willie]

Actually, US law is similar to UK. In that the sentence would be low. Here's the real catch - depends on what state. That would be a state law and state offense unless a kidnapping or other federal violation is involved.

Pick your state and google - driving law texas - for example. If you wade through it, you will find fines and penaltys.

Good point. But I want to make it sound feasible in all jurisdictions, so that the reader can imagine the situation happen in their city or state.

I have 'waded through' some of the legal sites on this matter, but have gotten conflicting information. I was hoping there was a legal eagle or law student amongst the AH who could give me a more direct answer.

 

[Eilan]

My husband's not an attorney, but he's retired from our state's Highway Patrol, so he's somewhat familiar with the scenario you're describing.

He says that in our state, your character would be charged with aggravated vehicular homicide.

He agreed that the sentences would likely run concurrently, though he thought that the 20-year sentence was a bit much (more likely 13-17 years, depending on how drunk the driver was). The person would likely be out of prison in 6-7 years; then he'd face a lifetime driving ban.

Other states' mileage may vary.

 

[S-Des]

My husband's not an attorney, but he's retired from our state's Highway Patrol, so he's somewhat familiar with the scenario you're describing.

He says that in our state, your character would be charged with aggravated vehicular homicide.

He agreed that the sentences would likely run concurrently, though he thought that the 20-year sentence was a bit much (more likely 13-17 years, depending on how drunk the driver was). The person would likely be out of prison in 6-7 years; then he'd face a lifetime driving ban.

Other states' mileage may vary.

Agreed. There are aggravating factors which could cause the prosecutor to plead down to a lessor offense. I've never heard of anyone getting that much time for a first offense, but if it had happened to him before (or if he had been particularly negligent), it's possible. They almost always run sentences concurrently. Good time (why you get out early) isn't available in all states anymore. Parole has been elimated in most (except for people who were convicted while it still existed). In Illinois, if you get 10 years, you serve 10 years. Kind of dumb since they used that as a club to make prisoners behave, but the law and order crowd pushed it through because criminals were "having it too easy".

 

[tanyachrs]

You just need some negative circumstances. I bet you can get any sentence for anything if you play your cards right (wrong).

 

[slyc_willie]

Say my character has had a few arrests and minor convictions before. MIP, disorderly conduct, maybe a class-C felony arrest for assault. Might that alter his sentence?

My point is that I want a character who started out as a selfish POS and becomes 'humbled' while in prison. When he gets out, he's a very different person, more altruistic and responsible. Prison was actually a GOOD thing for him.

 

[kendo1]

.....

 

[slyc_willie]

Does this actually happen? Prison sentences work?

LOL

Actually, I knew a guy, several years ago, who actually said that prison was a good thing for him . . . minus the typical unpleasantness. He had been a car thief, and a pretty good one, but he treated his family and friends like shit. When he was released, he made it a point to be more humble, and to appreciate those around him.

Sometimes, a good, hard slap in the face is what's needed to turn a person around.