Another innocent life was taken by the careless, unfortunate decision of a driver who decided to get behind the wheel while intoxicated.
A Virginia Beach resident Jim Ira Miller, Jr. died after he was hit by a car in the 1700 block of Pacific Avenue. Mr. Miller was rushed to a hospital where he died, according to the Virginian Pilot.
My deepest condolences go out to the Miller family. Losing a loved one is always heartbreaking, but the pain is made even worse when the loss is sudden and totally unexpected. In the blink of an eye, Mr. Miller’s life was taken and that tragedy will reverberate throughout his family and the local community.
The driver has been charged with DUI second offense and involuntary manslaughter as a result of DUI. Under Virginia Code § 18.2-36.1, involuntary manslaughter as a result of a DUI is a felony offense punishable by a prison sentence.
If a wrongful death civil suit is filed, punitive damages could possibly be pursued against the driver. Under Virginia Code § 8.01-44.5, if a driver has a BAC of 0.15 or higher, punitive damages (a.k.a. exemplary damages) can be pursued by the victim or their family.
This tragic incident is a stark reminder that driving while under the influence is never a wise decision. The risk of causing a serious accident (as this event illustrates) is just too great. Call a cab or ask a friend to drive you home. Do whatever you can to avoid getting behind the wheel. As we see, drunk driving ruins lives.