Not real likely in a state that leads the nation in binge drinking - and is unapologetic about it. Look at yourselves, as well. Let's see a show of hands of those who made no remarks about hitting the beer hall before coming to the rally. Even if you don't drink and drive/ride, drinking is still viewed as a 'juvenile snickering' matter instead of the serious threat to society it is. And yeah; I had a couple Spotted Cows on Thursday. I'm no angel, but I am pragmatic.No legal action can restore Mr. Christ to his family, but if a precedence can be set for aggressive prosecution and stiff penalties, well, maybe the message will be sent that drinking and driving and homicide are no longer tolerable.
I cannot believe that you think (or that Cabranes allows you to think) that this is the only penalty for such actions. While it may be the only criminal penalty that is assessed, it is not what compensates a victim or a victim's family for the loss. That is up to the civil courts. It is there that Dan will be compared to the drunken liar that killed him (I don't care what a P.I. lawyer may suggest; a jury will compare them.) and where his family will have the opportunity to basically impoverish her for the rest of her life in an effort to compensate them for his loss. It does them no good (except for revenge) to have her imprisoned for 25 years, or even for one year. Arguably (and ironically), securing a felony conviction may be counterproductive for them, in making her less productively employable. It does do them some good to have her handing over 20% (at least in Wisconsin - other states' wage garnishment statutes may offer more or less) of whatever she earns for the rest of her life. She'll never manage to own anything of significant value until they are paid off. If she marries (or is married) in Wisconsin, half of her husband's assets may be exposed in this community property state.If a $70.00 citation is the total penalty, should we expect the defendant in this case to change? Or anybody for that matter?
Don't even bother to suggest a bankruptcy. Since I quit doing criminal defense, that's what I do. And this is a nondischargeable debt.