Hate drunk drivers, but I'm torn over this...

Let's say the double jeopardy holds up, could the mother still sue via civil lawsuit for wrongful death?

 

Probably.

 

Case law: Diaz v. United States (1912) outlines exceptions to the Fifth Amendment (double jeopardy).

They couldn't try him for vehicular homicide at the time because the victim wasn't dead yet. The situation has changed, there are additional facts. The burden of proof will be on the prosecution to show the kid died as the result of injuries incurred from the accident, but they are still able to try Mr. DUI.

This is a separate issue from what his sentence will be with regard to new laws. But he can be tried for vehicular homicide without double jeopardy.

 

Of course. Provided the guy even has a pot to piss in. Which I doubt.

 

I remember the clarification for "double jeopardy" from the FANTASTIC Ashley Judd movie of the same name a few years back. It's the act not the charge. Now if the suspect was supposed to pay restitution to help pay for medical care and didn't - and that contributed to victim's death it could be a different story.

 

what the guy did was horrific and wrong. but, at the same time, prosecutors can't get away with bastardizing the law to this level. once they piss all over the laws they uphold to get all the drunken drivers behind bars, who's next?

 

Good gawd, how I loathe that movie.

 

The situation is always changing and there are always additional facts. I doubt very strongly that this case falls under any exception to double jeopardy.

What if the kid had died 20 years later? 30 years later? 40 years later?

He's still been punished for the criminal act. If the prosecutor didn't get enough time at the beginning, given the kid's injuries, that's on him.

 

Let me set this one up for you then, Zeke. I'll make it a quick hypothetical. You're a tennis player You rob a bank. You shoot a man. He doesn't die but is in a coma. You're charged with armed robbery and attempted murder. You serve 10 years and get out. After 10 years, comatose man dies without ever regaining consciousness. Can you not, then, be charged with murder?

 

Not to my knowledge, no.

I'm not a lawyer, though.

 

As I alluded to earlier, I believe he can be charged with the increased offense, but he will have to be given credit for what punishment he received before. And the penalty that was in effect at the time of the offense would have to be in effect now.

 

You know, I know a top lawyer who might be able to get us the SCOOP on this.