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re: Kansas woman with previous DUI gets 2 days in jail for deadly drunk-driving crash

Posted on 3/20/19 at 9:47 pm to
Posted by SHMILL
The foothills of CO
Member since Oct 2009
1059 posts
Posted on 3/20/19 at 9:47 pm to
I don’t understand how the killing of a human being, with a car, while intoxicated, is only a misdemeanor in Kansas...

Also, not her first DUI?? This is absurd

I would be extremely pissed if the deceased were my family.

Posted by nerd guy
Grapevine
Member since Dec 2008
13842 posts
Posted on 3/20/19 at 9:47 pm to
Just like in my previous thread, she could die in a burning car alive for all I care. And people thought that was a bit extreme for karma.
Posted by TheWalrus
Land of the Hogs
Member since Dec 2012
48094 posts
Posted on 3/20/19 at 9:48 pm to
quote:

She’s a walrus too.


Hey now, that’s offensive to my kind.
Posted by FightingTigers138
In your thoughts
Member since Dec 2016
6009 posts
Posted on 3/20/19 at 9:48 pm to
quote:

Also, first time DUI offenses should result in 5 year loss of license


So taxpayers can support them? No thanks.
Posted by SHMILL
The foothills of CO
Member since Oct 2009
1059 posts
Posted on 3/20/19 at 9:50 pm to
quote:

that was not intentional.


The drinking and then the driving, both massive no-no’s, were absolutely intentional.
Posted by geauxtigahs87
Louisiana
Member since Dec 2008
26689 posts
Posted on 3/20/19 at 9:54 pm to
quote:

I would be extremely pissed if the deceased were my family.

I would probably strongly consider hiring a hit man
Posted by SloaneRanger
Upper Hurstville
Member since Jan 2014
14281 posts
Posted on 3/20/19 at 10:05 pm to
quote:

Methinks it wasn't quite as clear cut as the articles make it sound. First of all, she was at a .102 slightly higher than the .08 allowed. Secondly, she was arrested more than a year after the accident. Why it didn't happen immediately is suspicious.



Yeah, there is probably a lot more to this story. She wasn't much over the limit. And who knows, the circumstances of the accident may be such that it was the cyclist's fault, all or in part. Give the judge and prosecutors who actually know the facts some credit.
Posted by Huey Lewis
BR
Member since Oct 2013
5166 posts
Posted on 3/20/19 at 10:11 pm to
quote:

And who knows, the circumstances of the accident may be such that it was the cyclist's fault, all or in part.


This was my thought as well.

I mean, let's say hypothetically I'm drunk as hell stopped at a red light and a motorcycle rams into the back of my truck going 60+ mph because the rider is being careless or not paying attention. The rider is dead but my driving had nothing to do with it. I'm still probably guilty of vehicular manslaughter since I shouldn't have been on the road while drunk, and if I wasn't maybe the wreck wouldn't have happened at all. But I don't think that scenario justifies punishment too far beyond a typical DUI.
This post was edited on 3/20/19 at 10:13 pm
Posted by slackster
Houston
Member since Mar 2009
91871 posts
Posted on 3/20/19 at 10:35 pm to
There is an article from that same paper, the Wichita Eagle, that says a 21 year old sober driver was given 3 years probation for killing a man while going 80 in a 30. Maybe Kansas is just lenient on vehicular manslaughter altogether?
Posted by Relham10
Ridge
Member since Jan 2013
21576 posts
Posted on 3/20/19 at 10:36 pm to
Our justice system is truly fricked up and needs a major revamp.
Posted by Evolved Simian
Bushwood Country Club
Member since Sep 2010
23313 posts
Posted on 3/21/19 at 7:51 am to
quote:

And on top of that she plead guilty of vehicular manslaughter. What the hell is that judge thinking?


That is a misdemeanor in Kansas.

The problem is the law, not the judge.

Also, I'm going to guess that the cyclist was the person at fault in the accident, or there wouldn't have been a year before they decided to arrest her, and she probably would have been hit with a higher felony charge.
This post was edited on 3/21/19 at 7:55 am
Posted by Vestigial Morgan
Member since Apr 2016
3048 posts
Posted on 3/21/19 at 8:43 am to
quote:

. However, I do not believe that people should be put in jail for long periods of time for something that was not intentional


What is fitting? This is her second DUI, and this time a random dude with family ...friends..a life ahead of him is dead. Was the guy she hit a father? Should the drunk have to pay child support? volunteer for 20yrs? I kind of agree that long prison sentences are useless in this case because she then becomes a drain on society, but there has to be some deterrence. This isnt some "that sucks...but that's life " accident. It may not have been intentional but it was more probable due to her actions
Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
74547 posts
Posted on 3/21/19 at 8:45 am to
quote:

Also, I'm going to guess that the cyclist was the person at fault in the accident, or there wouldn't have been a year before they decided to arrest her, and she probably would have been hit with a higher felony charge.


Did you read the article? I ask because if you had read the article you should have noticed it said she caused the wreck.
Posted by dallastigers
Member since Dec 2003
10963 posts
Posted on 3/21/19 at 10:11 am to
DUIs in general need harsher punishments. When these drivers cause injury and death they definitely deserve harsher punishments then this person got, but I also don’t think that someone over the influence should automatically be assigned all the blame for cause without a true causal action by them while operating vehicle. It should carry a lot of weight in determining cause, but it should be automatic.

Unless report is written poorly it doesn’t seem like there was doubt over who caused accident, so I don’t understand why it took so long to charge her. She was over limit, her 2nd DUI, news report saying she caused accident (doesn’t come across as being due to automatically assigning fault due to being over limit but even it was this was known year before arrest), and the person died days afterwards. Arresting her a year after would have only made sense if person had just succumbed to his injuries and charges updated, or if reporter just can’t be bothered to explain something like it took time to discover who caused wreck and person had also been arrested for DUI with possible additional charges after investigation.

quote:

Authorities arrested and charged Alexandria Eslinger more than a year after she turned into a parking lot in the 2000 block of West Street on July 14, 2017, and caused the crash that killed Jesus Navarro-Gonzalez. Navarro-Gonzalez lingered in the hospital for three days before succumbing to head and body injuries on July 17, 2017. Court records say Eslinger had blood-alcohol concentration of .102. The limit to drive legally is under .08.


https://www.kansas.com/news/local/crime/article227522654.html
Posted by chryso
Baton Rouge
Member since Jul 2008
13961 posts
Posted on 3/21/19 at 11:03 am to
Was the accident her fault? She may have not been the cause of the accident.
Posted by The Torch
DFW The Dub
Member since Aug 2014
30393 posts
Posted on 3/21/19 at 11:11 am to
I Would Not Drink With Her



Posted by dgnx6
Member since Feb 2006
91545 posts
Posted on 3/21/19 at 11:16 am to
quote:

Also, first time DUI offenses should result in 5 year loss of license. Now let all the drunk drivers doenvote away


Only problem I have is .08 will register after two beers.

I love people like you on your high horse. If you ever drink, you have driven over the limit.
Posted by dgnx6
Member since Feb 2006
91545 posts
Posted on 3/21/19 at 11:18 am to
quote:

but I also don’t think that someone over the influence should automatically be assigned all the blame for cause without a true causal action by them while operating vehicle. It should carry a lot of weight in determining cause, but it should be automatic.


That's also an issue. Say motorcycle Rams into you. Moto driver has no alcohol, and the person that didn't cause the wreck does have alcohol in system. Person who didn't cause wreck is at fault.

Obviously, drinking and driving is bad. But you can be completely sober and still blow over. Hell food stuck in your teeth can register a .017.
This post was edited on 3/21/19 at 11:24 am
Posted by 777Tiger
Member since Mar 2011
93541 posts
Posted on 3/21/19 at 11:23 am to
quote:

Person who didn't cause wreck is at fault.


I've seen several successfully defended cases where an impaired driver was involved in an accident caused by an unimpaired driver and impaired driver was subsequently charged with DUI and blamed for causing the accident
Posted by dgnx6
Member since Feb 2006
91545 posts
Posted on 3/21/19 at 11:26 am to
quote:

ve seen several successfully defended cases where an impaired driver was involved in an accident caused by an unimpaired driver and impaired driver was subsequently charged with DUI and blamed for causing the accident


I know some states are different, but this is the case in Louisiana. Had no idea until recently. So yeah, it's definitely not worth it. You are basically taking the fall for other people being shite drivers.
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