The Dirty Little Secret (of Arizona DUI First Offense)

Posted on August 25, 2010 by Lawrence Koplow

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

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Arrested In Boston For Drunk Driving With A Little Warrant In Between- Attorney Sam’s Take

Boston police got a 2-for-1 bargain earlier this week in the area of drunk driving.

They stopped an automobile near Columbia Road and Holden Street in Roxbury. It was initially stopped, according to law enforcement, because it had not stopped at a red light.

As part of normal practice, the driver was asked to produce his license and registration

Guess what?

Whoops! The driver’s license had been revoked. Whoops again...the driver had an outstanding warrant for his arrest due to a pending drunk driving charge.

So, the driver was about to become a guest of the Commonwealth. He asked the officers if his passenger could drive the vehicle home so that it would not have to be impounded.

Whoops a third time!

Upon checking the passenger out, it was discovered that she, too, had a drunk driving warrant out for her arrest.

Ironically, there is nothing in the story to indicate that either arrestees were suspected of being intoxicated when they were arrested.

Over the past 21 years as a Boston criminal defense attorney, I have handled more than my fair share of drunk driving cases...not to mention cases in which an outstanding arrest warrant has “dropped” upon a semi-unsuspecting citizen.

As I have mentioned in the past, the Commonwealth takes drunk driving and driving to endanger cases quite seriously. Obviously, matters are made even worse when one has a warrant out for their arrest.

Once law enforcement finds out that there is an outstanding warrant for your arrest, you are immediately placed under arrest.

“But Sam, it is a pretty busy Commonwealth. Surely they have better things to worry about than putting me in jail just because I forgot to show up in court to answer a mere vehicular crime.

Not so. The Commonwealth may be busy, but they still have time enough for you. Courts take defaults seriously and, often, if a person returns to court by way of handcuff, bail will be raised or completely revoked.

Now, if you put together that there is a warrant out for drunk driving, you do not have a valid license and you are still driving anyway...well, it does not make a particularly impressive picture.

On the other hand, if your aim is to create a challenge for whichever attorney is arguing bail on your behalf, it is a nice approach.

Speaking of which...if you wait to be brought into court unexpectedly by law enforcement your chances of steeper bail conditions go up. It is best to be proactive in these cases. Come back on your own terms, voluntarily. It will help a great deal. Want to improve your chances even more? Hire an experienced criminal defense attorney to help ease the way beforehand and appear with you when you return.

It’s more of a “prodigal son” type of approach.

If you want to discuss a criminal case with me, feel free to call me for a free initial consultation. I can be reached at t 617-492-3000.

In the meantime, have a great, safe and law-abiding weekend!
To view the original story about which this blog was based, please go to : http://bostonist.com/2011/02/01/boston_blotter_armed_robbers_caught.php

View the original article here

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