Most drivers are responsible, and when they are involved in a collision, it is genuinely an accident. However, when someone gets behind the wheel of a car when they are drunk and is involved in a collision, the crash is not what most would consider an accident. People in Louisiana who cause a car crash when driving while intoxicated often face criminal charges.
Such was the case for one woman who was involved in a fatal car crash in December 2009. After drinking, the woman got into her car and slammed into another vehicle, killing the driver. Authorities determined that she had a blood alcohol level that was almost four times the legal limit of 0.08 percent.
The woman was recently sentenced to five years for vehicular homicide and three years for first-degree negligent vehicular injuring. The judge suspended two years of her sentence for time served in a rehabilitation center, and the negligent vehicular injuring sentence is to run concurrently with her prison term for vehicular homicide. Once she is released from prison, she faces two years of supervised probation and must have an ignition interlock device in any vehicle she drives during any period of probation.
In addition to the criminal consequences of her actions, the woman is also susceptible to civil claims for wrongful death. Indeed, her guilty plea in criminal court may possibly be used as evidence against her in civil court, due to the fact that the burden of proof for a criminal conviction is actually more severe than that required for a wrongful death claim. The families of the victims of this car crash may never be the same, but knowing that the person responsible is facing the consequences of her actions may help give them at least some peace of mind, and a successful civil claim may help them recover some of the financial damage they have suffered from the senseless fatal car crash.
Source: katc.com, "Driver gets 3 years in DWI death," June 28, 2012
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