Here is the math used in Arizona: INCREASED JAIL + DUI PROBLEM = REDUCED DUI PROBLEM. It makes perfect sense, right. Who would risk more than a month in jail for a few drinks.
Apparently – lots of people. Maybe even more people now, than when the penalties were previously lower. Unfortunately the State’s math is flawed. Let me give you some anecdotal evidence.
A few weeks ago I was sitting in an arraignment with a client waiting for our case to be called. Before the judge started calling cases he told the packed court room about Arizona’s DUI penalties. After going through the sentencing schemes he also made the following disclosure in open court. He stated, these DUI penalties have become harsher and harsher ever since he had been practicing law (and by grey color of his remaining hair that appeared to be a long time). "However, my courtroom still stays full." He went on to say that "we all know" the new DUI penalties have not reduced the number of DUI cases but it is the law. "Fair or not these are the laws I am required to follow."
Well it is not everyday a judge, in open court, makes such a candid admission. Moreover, the judge’s speech was absolutely correct about the Arizona DUI laws. Those of who are involved in Arizona DUI cases, "all know" the math is wrong. We all know, law enforcement included, raising penalties does not reduce the number DUI cases. One reason is the real consequence of a DUI is not jail, but taking someone’s life. If that is not enough to stop someone from driving impaired, then long jail terms that no person really knows the specifics of (until after they are charged), certainly will not have a great impact.
However, I have an idea of what may work. In part two of this post I make my case for how I believe we should address the problem. That is, if we are serious about solving it – which I hope we are.
Lawrence Koplow
email this article to a friendDUI stands for driving under the influence. However, years ago Arizona, like many other states, changed its DUI laws to cover situations where the person was not actually driving. Instead, to be guilty of DUI, a person just needed to be "controlling" a vehicle. The classic example is the vehicle stopped in the middle of ... ...
I was in the Scottsdale City Court yesterday when I heard a Judge discussing the much anticipated Home Detention Program. It appears that they have finally implemented the program. Here are the minimum qualifications based on the information I was given at court. The date of your offense must be after May 27, 2010; and You must ... ...
While the City of Scottsdale has approved a home detention program, it has not released any of the program’s details. The most anticipated detail is the start date. As of yesterday, the start date has not been released. There has been speculation that it may not start until the end of summer. ... ...
What is going on in Scottsdale? In the last 30 days two judges have been let go by the City Counsel. What is coming next? var addthis_pub = ”; var addthis_language = ‘en’;var addthis_options = ‘email, favorites, digg, delicious, myspace, google, facebook, reddit, live, more’; email this article to a f...
I am starting a new list of the best DUI blog posts for the past month. I am admittedly stealing the idea after reading Kevin O’Keefe’s Best In Law Blogs. However, as I am one of Kevin’s clients, I don’t think he will mind (as long as the check clears.) Here are the posts that ... ...
Last night I am reading Gideon’s blog and I see a post with the title: “This Seattle DUI lawyer is a Douchebag.” As someone who loves a good fight, I started reading. Here is the beginning of the post: So normally I don’t write posts like this, because I don’t give flyin’ rat’s ... ...
A new list ranking U.S. cities with the the most drunk driving offenders only confirms what most experienced Baltimore criminal defense attorneys already new-Baltimore has made the list. Charm City came in at #18 on the list appearing on Insurance.com. The list ranks the number of drivers with alcohol related convictions among the top most ... ...
As an experienced Maryland criminal defense attorney, friends are always asking me “how do I beat a DUI?” Ironically, this question most comes up during, you guessed it, cocktail parties. My first response is automatically “don’t drink an drive.” Of course, no one wants to hear that response and the inevitably follow-u...
Many defendants charged with DUI in Maryland are dismayed to find out that not only do they have to go to court and face criminal charges, but they must also fight the MVA in a separate proceeding. Even if the criminal defendant is found “not guilty” of all charges in criminal court, the MVA ... ...
I recently had two similar DUI cases with very different results. Each case involved a drunk driver who was involved in a one car accident. One driver ran into a parked train and the other driver hit a tree. In each case the driver was alone and there were no witnesses to the accident. The ... ...
As a Baltimore Maryland DUI/DWI Attorney I often represent people in DUI/DWI cases who have previously been convicted of a DUI or DWI in the past. These defendants are known as repeat or subsequent offenders in courthouse vernacular. Over the past few years prosecutors have begun to seek and judges have started to ... ...
As a Baltimore Maryland DUI/DWI Lawyer I handle DUI’s almost every day in the District Courts of Baltimore City and Baltimore County. Because I am always in court I am often in a position to watch other attorneys handle, and in many cases mishandle, DUI cases. I have blogged many times in the ... ...
Most defendants charged with DUI, DWI and other drunk driving crimes in Maryland do not realise their right to appeal and have a brand new trial. All misdemeanor criminal and traffic charges in Maryland are first tried in the District Court. If a defendant is not satisfied with the judge’s decision, the defendant can appeal ... ...
Often times in Maryland DUI prosecutions, there is an issue of whether the defendant was actually behind the wheel or driving. This often comes up when the defendant pulls over to “sleep it off”. The term “drive” as used in the Maryland drunk driver statutes means to drive, operate, move or be in actual physical ... ...
http://www.mdattorney.com/lawyer-attorney-1300822.htmlAs a full time Baltimore County Maryland DUI/DWI Attorney I am mindful of, and quite frankly troubled by, the fact that many attorneys handle criminal and serious traffic cases in spite of the fact that they are clearly not qualified to do so. I began to notice this fact when I was an Assistant...
I am experienced Maryland criminal defense attorney who has counseled hundreds of criminal defendants and DUI suspects charged with fleeing the seen of an accident, Whether the driver has run into a tree and ditched his car, or ran someone over and sped off, experience shows that 90% of the time the responsible driver flees ... ...
As a Baltimore Maryland DUI/DWI Attorney, I regularly see defendants who are improperly represented in Maryland District Courts by attorneys who do not specialize in the representation of people charged with criminal and serious traffic offenses. I blog about this issue fairly often because it troubles me greatly when I see attorneys who do ... ...
We recently resolved a DUI arrest in Howard County against an aggressive State’s Attorney who enjoys litigating every case s/he gets their hands on! This firefighter, a State employee who risks his life for the benefit of others was arrested on suspicion of DUI following a simple traffic infraction and field sobriety exercises performed ... ...
I recently tried another DUI Roadblock case in Howard County District Court. Yes, another roadblock case, I have written extensively regarding the legality of roadblocks and the DUI Defendant’s responsibility in Maryland. For those who are interested, the seminal case is Little v. State which spells out the Government’s obligations to...
The jurisdiction in a DUI case is where the DUI was effectuated; which is essentially where the police pull you over and make an arrest. The local police, such as Baltimore County or Howard County Police are charged with the responsibility to protect their given jurisdiction; they are not authorized in normal DUI/DWI cases ... ...
A Miami area man (Delray Beach) has been arrested in connection with a fatal accident and faces multiple counts of driving under the influence as well as vehicular homicide. Miguel Echevarria was involved in a three vehicle crash in the early morning hours on Interstate 595. One person was killed in the crash and six ... ...
New evidence has been released in the case of Carlos Bertonatti’s fatal car crash with cyclist Christophe Le Canne. Bertonatti was involved in an accident on Rickenbacker Causeway in which he veered into the bike lane and hit Le Canne who was riding his bike. Bertonatti left the scene of the accident with the bike ... ...
The media’s perspective on well-known public figures such as athletes involved in criminal activity has changes substantially over the years. In the past, the media often portrayed professional athletes in a positive light even when they engaged in misguided or criminal conduct. Professional athletes were not held to the same mora...
Former Miami Dolphin linebacker Joey Porter will not faces charges following a recent arrest on suspicion of DUI. Porter, who now plays for the Arizona Cardinals, was stopped by the CHP after Porter pulled his vehicle behind another traffic stop in a Taco Bell parking lot. The officer reportedly smelled alcohol on Porter’s breath....
