Alabama Man Gets 100 Year Sentence for DUI Crash
An Alabama man received a 100 year sentence for a crash involving alcohol and driving under the influence. Alabama prosecutors believe the accident was a result of the man's alcohol consumption and charged him with DUI manslaughter and assault. Kenneth McDaniels' wife, son and his young friend were all killed in the crash when McDaniel's car swerved into oncoming traffic. McDaniel had a blood alcohol content of 0.055% an hour after the crash. The legal blood alcohol content in Alabama is 0.08%.
We all sympathize with the deaths and injuries of those involved in the accident. However, there is no way that this man should be convicted for driving under the influence of alcohol or that alcohol was a contributing factor in the deaths of his family. First of all, his blood alcohol may have actually been rising at the time of the accident. For instance, if he recently had a beer with dinner his blood alcohol content was likely rising, not falling(as I am sure the prosecution contended). Furthermore, in order to prove alcohol was a factor in the deaths of his family members, the state of Alabama would have to prove that his driving was effected by the alcohol. It seems the only evidence that alcohol effected his driving is the crash itself, and there was testimony in the case that McDaniel only had one beer on the night of the crash.
This case should wake the people of Alabama up. If you drink at all, have beer or wine with dinner, and are involved in an accident while going home, you may be charged with DUI manslaughter and assault. For one beer or a glass of wine you or a loved one could end up in jail for 100 years. This is an absolute tragedy upon tragedy. How much more can the State of Alabama take from the man? Cases like these are why I am an Alabama DUI and Criminal Defense lawyer and attorney. It makes me ashamed that Federal Highway dollars and the constant lobbying of the MADD Mothers Against Drunk Drivers have caused a free country to come to this. I can only hope this case can be overturned on appeal. It should be shocking that an accident can sentence someone to 100 years in prison when an outright murder carries far less time. The judge that sentenced this man should be ashamed of himself as well. Of course, this judge is just pandering to the constituency that elects him by trying to appear tough on crime, so maybe we all should be held accountable as well.
Agreed. This is a travesty.
this is so wrong i know kenneth mcdaniel and this was a accident not a dui he needs a good lawyer may god help him get the lawyer he need and how i come cross this it had to be god ,,god is good
My son,Kenny, is the man accused of manslaughter and sentenced to 100 years.They dropped the dui charge but yet still convicted him of alcohol related manslaughter.His vehicle stalled as he was crossing the highway.He had a witness to say as such and two witnesses to say that he had one beer but it was as if no one heard them at all.He has never had a dui in his life but when he was 19 he was convicted of breaking and entering on one night but they gave him 4 felony counts and he spent two years in prison for that but they brought them back with the habitual offender act.He is devastated over the loss of his family and it was indeed a horrible accident.We were totally shocked at the outcome of the trial and are going to keep pressing for the truth. We have asked the judge for a new trial.Please pray for us.Kenny has really turned to the Lord and God has given him peace.If you have any advice please feel free to give it.