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Old 09-30-2010, 07:24 PM   #2
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Quote:
Originally Posted by DJ's left nut View Post
It depends on the statutory scheme, but I'll speak as generally as possible with the understanding that some jurisdictions will differ slightly.

Person B just gets the 20 years only because presumably the statute has already taken into effect the impact of drunk driving. If you're not drunk but just miss a light or something, you'll be considered negligent but the odds of getting dinged with a vehicular homicide charge are pretty slight.

Rather than compound offenses (i.e. manslaugher = 10 years + DUI = 3 for a total of 13), it would simply become a different offense (vehicular homicide for committing manslaughter while drunk = 20 years).

Clear as mud?

I'm looking at your post like that dog looks at the RCA Victrola, but I think I kind of get it. You don't stack offenses, and offenses either combine to a different offense or you take the offense that's the biggest because it was predicated on the smaller offenses. Is that close?
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