Drunk, Drugged and Dangerous

A car, when in the hands of the wrong person can become a lethal weapon.

Diane Schuler, a hardworking businesswoman and mother of two triggered horrified reactions when she caused a fatal crash which killed eight people last July 26 at Taconic State Parkway.

She drove the wrong-way for about 1.7 miles before she crashed her minivan against an SUV where three men were killed. Schuler, her two-year old daughter and three young nieces all perished in the crash. Her five-year old son survived.

An autopsy report on Schuler revealed that the 36-year-old woman had a blood-alcohol level of 0.19 which was more than twice the state's legal limit of 0.08—there was also still undigested alcohol found in her stomach.

A more troubling discovery showed that aside from being heavily inebriated when Schuler got behind the wheel of a van full of children, is that blood tests also showed she had smoked marijuana 15 minutes to an hour before the crash.

Betsy Spratt, chief toxicologist for the Westchester County medical examiner explained that with that Schuler had tunnel vision as the level of alcohol would have given her difficulty with perception, with her judgment, with her memory.

Schuler’s family released a statement shortly after the fatal crash and called her "a devoted mother” and "a more responsible and trusted friend or caregiver."

Although the police have said that no criminal charges were planned in the case, a woman whose father and brother were killed in the crash is outraged and wants to meet with prosecutors to discuss the case. Roseann Guzzo said that, “It's a choice she made. And that choice she made to us is like she committed murder."

Driving under the influence, whether it is alcohol or prescribed and/or illegal drugs is a crime. Some states even have passed laws that make it a crime to have such substances in the car.

Usually, driving under the influence constitutes a misdemeanor which is punishable by imprisonment of 1 year in jail. However, in case of serious injury, the offense is elevated to felony DUI (which requires a longer term in state prison) and if it results to death, the driver may be charged with vehicular manslaughter or vehicular homicide.

The family of the driver may often contest that the penalty is too harsh and that what happened what just an accident.

But now, a growing number of states, including California consider driving under the influence resulting to death as punishable as second degree murder. They consider that malice exists in such instances as the defendant has exhibited a reckless indifference to the lives of others by driving even under the influence.

Cars, in the hands of drunk and drugged people, are a weapon that could indeed kill and take the lives of others, with or without intent.

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