Nestande Sentencing

[CptnRn]

Originally Posted by hoffdano

He wasn't charged with murder of any kind because no one died.....

Opp's You are right, I was thinking of a different case.

[verybadgnome]

Originally Posted by CptnRn

It is a good argument. If he was too impaired to realize there was an accident, the scene, then there was no intention to leave the scene. I do think that is a lesser crime then someone who knows they injured another person and intentionally leaves the scene without trying to render aid or assistance.

That brings up some good questions......Like are all intoxicated people incapable of making the correct decision to stay at the accident scene? Does being drunk trigger the instinct for flight? Also does a driver escape culpability on a particular charge because the knowingly put themselves in a state of impairment and thus are judged by a different standard?

Sorry but following that train of thought just favors the perpetrator at the expense of the victim. To me if you voluntarily impair yourself you should not necessarily get special consideration like a mentally ill person might. Thankfully the jury in the Colunga case didn't buy it either. Would have been interesting if he didn't have any priors to see what the outcome might have been.

[verybadgnome]

Didn't think it was possible but this is even worse that the Nestande outcome. Does this nonsense happen in other states?

Despite four deaths, Tarrant judge buys