Texas Shakes Up Drunk Driving Laws: Kill
a Parent—Pay Child Support
Red State,
by
Jeff Charles
Original Article
Posted By: Beardo,
9/4/2023 9:11:00 AM
A new Texas law recently went into effect that would impose further consequences on drunk drivers. The legislation, known as Bentley’s Law, mandates that individuals who kill a child’s parents because they were driving while intoxicated will be liable for paying child support.
The new law presents an interesting ethical and legal proposition that aims to mitigate the trauma and damage caused by those who drive while drunk. It seems to make sense: If a drunk driver robs a child of their parent, doesn’t it make sense that they should be financially responsible for the loss?
Reply 1 - Posted by:
DiegoDude 9/4/2023 9:13:20 AM (No. 1549045)
It's a start. Let's hope it withstands court challenges.
23 people like this.
Reply 2 - Posted by:
udanja99 9/4/2023 10:06:25 AM (No. 1549107)
What about stoned driving? Just ask Colorado how that’s going for them.
20 people like this.
Reply 3 - Posted by:
TexaTucky 9/4/2023 10:09:07 AM (No. 1549110)
"The legislation . . . mandates that individuals who kill a child’s parents because they were driving while intoxicated will be liable for paying child support."
What?
8 people like this.
Reply 4 - Posted by:
padiva 9/4/2023 10:32:58 AM (No. 1549134)
How does this work for drunk people without income? Perpetual drunks, illegals, homeless?
Trying to get blood out of a rock????
15 people like this.
Reply 5 - Posted by:
mc squared 9/4/2023 10:39:51 AM (No. 1549140)
Watch out for 'mission creep' - taking a good idea and expanding it to include circumstances not intended.
5 MPH over? A bad tire? One headlight out? A bee in the car?
A tragic death under any of these circumstances is possible, but not yet the focus of the law.
10 people like this.
Reply 6 - Posted by:
Gordon Mills 9/4/2023 10:43:51 AM (No. 1549145)
If you've been convicted of killing others wouldn't you be in prison? And if so, how do you pay child support?
6 people like this.
Reply 7 - Posted by:
Heil Liberals 9/4/2023 11:00:48 AM (No. 1549164)
Lots of hand wringing in the comments. Every law is subject to unintended consequences. And you can what-if a subject to the point of paralysis. The fact of the matter is that few people are sentenced to long-term prison sentences for drunk driving, never mind vehicular homocide in a DUI. The inability to satisfy a fine or legal obligation imposed by a sentence is not a reason to not impose it. It may be like “getting blood out of a stone,” but that does not make the law a bad one. All laws of subject to mission creep due to legal fictions. Ask Donald Trump. However, I think this is a good law. If it isn’t, then it will be challenged in the courts or by citizens through legislation.
16 people like this.
Reply 8 - Posted by:
Skinnydip 9/4/2023 12:03:56 PM (No. 1549199)
That's what I said too, #3. Another poorly written sentence. Should read, "The legislation . . . mandates that individuals who were driving while intoxicated and kill a child’s parents will be liable for paying child support."
8 people like this.
Reply 9 - Posted by:
PostAway 9/4/2023 12:08:27 PM (No. 1549201)
A law like this could be the beginning of wisdom. It seems wrong that a person who kills or maims another, whether accidentally or otherwise, goes to jail and/or pays a fine which does not benefit any victims. Come to think of it, where does that money go? Who benefits? In any case responsibility for making a victim and their family financially whole should rest with the perpetrator.
7 people like this.
Reply 10 - Posted by:
Dodge Boy 9/4/2023 12:53:05 PM (No. 1549237)
In Colorado, drunk or stoned drivers are subject to serious jail time. Most companies here have random drug testing and one had better be clean when the drug nazi walks into one's office.
Colorado statutes define vehicular homicide as causing a fatal accident while driving a motor vehicle in a reckless manner or under the influence of alcohol or drugs. Drugs includes all the hard stuff like coke and fentanyl as well as cannabis and marijuana. These are Class 3 and 4 felony offenses with up to 12 years of jail time. We can thank former Gov. John Hickenlooper for making Colorado a drug distribution center after he signed the recreational marijuana law into law several years ago.
The prospect of the dim-supermajority in Colorado's legislature adopting a similar drunk driving law like Texas just did would be a stretch. However, in right-leaning Mesa County where I live, I could see a Texas-like provision being added to the county's DUI regulation. A driver convicted of a DUI can expect to pay well over $20,000 in legal fees before the jail time even starts. Not to mention civil suits that would be lodged against the driver.
5 people like this.
Reply 11 - Posted by:
Hermit_Crab 9/4/2023 1:47:53 PM (No. 1549271)
Seems like a good idea to me.
But on the other hand, some schemer like Biden would claim that the guy was driving drunk when he wasn't, just for a few extra bucks.
3 people like this.
Reply 12 - Posted by:
jimincalif 9/4/2023 2:40:02 PM (No. 1549296)
Not a bad idea. Let’s also make Fauci, et al. Liable for child support for all the parents who they killed by prohibiting doctors from using Hydroxychloroquine and ivermectin to treat COVID.
5 people like this.
Reply 13 - Posted by:
Luandir 9/4/2023 3:16:56 PM (No. 1549322)
#4, if the drunkards can't pay, sell them for scientific experimentation.
4 people like this.
Reply 14 - Posted by:
swarfer 9/5/2023 3:14:17 PM (No. 1549993)
People with means or good lawyers have long been able to avoid the consequences of drunk driving. This law is a legal penalty not a civil one. They may be able to avoid jail time but not child support. It also provides a plea option, agree to pay support upfront and plea to a lesser charge. Families will not have to go through lengthy civil actions lasting years to receive some support. It won't be millions but it is better than nothing.
0 people like this.
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