Tennessee law that makes drunk drivers who kill parents pay child support now in effect
NASHVILLE, Tenn. (WKRN) — Drunk drivers who kill a parent or guardian in Tennessee will pay for their crime longer than any prison sentence under a new state law that went into effect Jan. 1.
The law, known as “Bentley’s Law”, will require DUI offenders to pay child support if they kill a parent or guardian. Tennessee is the first state to pass a law of its kind.
I think I remember the comment thread here when this law was passed:
"So JaMarcus, who has never paid a nickel of support for his 9 spawn, gets shit-faced drunk and runs a stop sign. He t-bones Bubba Jones but JaMarcus is the one who dies in the crash. Bubba has 3 beers after his 12 HR shift at the factory and blows .08 so he is 'legally drunk' and has to pay for JaMarcus' spawn."
I don't know the wording of the law, but I presume that there are safeguards that only make the person at fault have this apply. If not, the obvious next amendment.
Unfortunately, I think this is another feel good law that won't work. The families already have the option of a civil law suit to gain compensation, but most won't do it because of the simple fact that the DUI driver usually has no money.
Lots of people don't get sued because they are judgment proof (i.e., have no financial resources) But it will work for a certain percentage of cases. Think Paul Pelosi. Not every drunk is dirt poor.
Good luck winning a judgment against Pelosi let alone collecting any money. How long has OJ owed the Brown family?
The only targets that can and might pay are middle class. The first trick to do if you're upper class is own nothing. Everything is owned by a trust. The house should be one trust. The cars a different trust. Most financial assets yet another trust.
This law will be a "full employment for lawyers" law as the effects of it are sorted out. Most is likely set out in the text of the law, but legislators do not alwsys write their intentions clearly. It looks like a criminal fine, so likely not dischargeable in bankruptcy, but child support is often based on ability to pay, so how much would be imposed, and based on the killers income or the victims? Child suppirt in many States is offset by Social Secutity benefits received by the child, but that is usually limited to benefits resulting from the support payors disability. And what about the illegal invaders who are convicted of DUI manslaughter, and the deported? John in Indy
I’m more in favor of - ya kill or seriously (life-crippling) injure someone while drunk driving, executed within 30 days of guilty finding…… at the very least, ya won’t have repeat offenders…..
Harsh? Maybe. Come ride the ambulance with me and make a few drunk driver wrecks before you comment……
Now do it for anyone who is using their phone while driving. Deaths from texting while driving are rising faster than anything else. Using a phone while driving should have the same penalties as DUI, impaired is impaired whether its from booze, drugs or an electronic device.
Does it come with conjugal rights?
ReplyDeleteSteve S6
Dumbasses will either go on Unemployment or leave the state. Not a very elegant solution, for sure. Confiscation of assets, what little there is??
ReplyDeleteSounds like a good thing....
ReplyDeleteI think I remember the comment thread here when this law was passed:
ReplyDelete"So JaMarcus, who has never paid a nickel of support for his 9 spawn, gets shit-faced drunk and runs a stop sign. He t-bones Bubba Jones but JaMarcus is the one who dies in the crash. Bubba has 3 beers after his 12 HR shift at the factory and blows .08 so he is 'legally drunk' and has to pay for JaMarcus' spawn."
A very bad law.
I don't know the wording of the law, but I presume that there are safeguards that only make the person at fault have this apply. If not, the obvious next amendment.
DeleteI disagree. Bubba drank that those beers and choose to drive ‘legally drunk’. And by doing so, he put himself in the path of JaMarcus.
DeleteAnyone drunk within a hundred yards of any accident is guilty.
DeleteThe drunk with the most money, within a hundred yards of any accident will be found guilty.
DeleteMany DUI folks don't have a financial pot-to-piss-in so where's the financial support going to come from?
ReplyDeleteAgreed, and the wealthy get off scott free with no charges of DUI.
DeleteUnfortunately, I think this is another feel good law that won't work. The families already have the option of a civil law suit to gain compensation, but most won't do it because of the simple fact that the DUI driver usually has no money.
ReplyDeleteLots of people don't get sued because they are judgment proof (i.e., have no financial resources) But it will work for a certain percentage of cases. Think Paul Pelosi. Not every drunk is dirt poor.
DeleteGood luck winning a judgment against Pelosi let alone collecting any money. How long has OJ owed the Brown family?
DeleteThe only targets that can and might pay are middle class. The first trick to do if you're upper class is own nothing. Everything is owned by a trust. The house should be one trust. The cars a different trust. Most financial assets yet another trust.
At least it will most likely keep Paulie Piglosi out of the state
ReplyDeleteThis law will be a "full employment for lawyers" law as the effects of it are sorted out. Most is likely set out in the text of the law, but legislators do not alwsys write their intentions clearly.
ReplyDeleteIt looks like a criminal fine, so likely not dischargeable in bankruptcy, but child support is often based on ability to pay, so how much would be imposed, and based on the killers income or the victims?
Child suppirt in many States is offset by Social Secutity benefits received by the child, but that is usually limited to benefits resulting from the support payors disability.
And what about the illegal invaders who are convicted of DUI manslaughter, and the deported?
John in Indy
I’m more in favor of - ya kill or seriously (life-crippling) injure someone while drunk driving, executed within 30 days of guilty finding…… at the very least, ya won’t have repeat offenders…..
ReplyDeleteHarsh? Maybe. Come ride the ambulance with me and make a few drunk driver wrecks before you comment……
Since a lot of drunk driving deaths are caused by Mexican nationals…expand the law to put the Mexican government on the hook!
ReplyDeleteIts a start. Tough to enforce
ReplyDeleteWould this fall on the insurer?
ReplyDeleteIf they even have insurance likely the insurance company will try to find a way out of paying.
DeleteSteve S6
I have no idea if this a good idea or totally fucked up. I'll have to revisit the notion when I'm sober...
ReplyDeleteNow do it for anyone who is using their phone while driving. Deaths from texting while driving are rising faster than anything else. Using a phone while driving should have the same penalties as DUI, impaired is impaired whether its from booze, drugs or an electronic device.
ReplyDeleteAccording to icebike, 11 teenagers die each day due texting and driving.
Deletehttps://www.icebike.org/texting-and-driving/
How you gonna get child support from someone behind bars. Which is where drunks who kill people tend to end up.
ReplyDelete