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Law Forcing Drunk Drivers To Pay Child Support In Cases Where Parents Are Dead May Encounter Difficulties

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31-Year old Raeshon Williams Will Stand Trial For Capital Murder Charge In Relation With Alleged Killing Of A 2-year Old Girl Photo From: iStock

With a new legislation that goes into effect on Friday, the State of Texas is taking a significant step to deter drunk driving. Child support will be due from drunk drivers who kill parents of children. Although it seems like a wonderful idea, legal experts believe it has drawbacks.

Pillars Of The Community

Erin Bowers, whose parents were killed by a drunk driver, said of her parents, “My parents were amazing people and truly pillars of their community.”

When a drunk driver prevented Bowers from ever knowing her parents in 1985, she was just 6 months old. “There is always a little sadness mixed in with every happy memory or happy holiday event that takes place.

A new legislation that goes into effect on Friday will make it mandatory for drivers like the one who killed her parents to pay child support to their victims’ children. The Texas mother now campaigns for stricter drunk driving regulations.

Bowers declared, “We’re going to stop folks from making these poor decisions.

The Briner Family Law Group’s Marie Briner predicted that it will take some time to iron out the problems.

Board-certified in both family law and criminal law, Briner. She claims that if the victim’s children grow up while the drunk driver is serving a protracted prison sentence, it may be difficult to impose child support.

“If we have circumstances where someone could easily spend 20 or more years behind bars, then it really isn’t satisfying that intention,” said Briner.

Dependable Reparation Than A Civil Case

Drunk Drive

Source: ABC News

According to Randy Essenburg of the Randy J. Essenburg Law Firm, “I see it having a lot of challenges.” Another seasoned family law attorney in DFW, Randy Essenburg, argues that the new statute leaves open a lot of challenging issues. Essenburg queries, “What if the perpetrator is a mother of three herself?” What happens with her children in the courts in relation to that?

However, according to legal experts, the new law might offer more dependable reparation than a civil case. “The criminal court has a lot of power that the civil courts wouldn’t necessarily have without a potentially lengthy lawsuit to obtain that restitution on behalf of the child,” Briner said.

According to legal experts, this rule may also lead to reduced terms for those found guilty of intoxication manslaughter, allowing them to work and support the victims’ families if they had children.

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