Put the Brakes on a Call for New DUI Legislation
Recently, various news and media outlets have picked up on a story of a Cumberland County man who was recently sentenced for 5 DUI arrests in a span of three months. Of course, according to reports, DUI lobbyists and special interests groups have seized the opportunity to take this unique case, create the illusion that this case is the norm, and push for a call to action for new legislation mandating suspension hearings for first-time DUI offenders, which is absurd.
The reality is that our current criminal justice system has safeguards in place to deal with this unique set of circumstances. Law enforcement has access to an individual's criminal history. Magisterial District Judges are required to set bail in all DUI cases. While this does not require monetary bail or non-monetary conditions prohibiting an individual from operating a motor vehicle, these options are available. If a judge were presented with a course of conduct establishing that a defendant presents a risk to public safety, the judge could impose monetary bail and/or similar non-monetary conditions to protect the public interest.
This case presents a perfect storm where everything that could go wrong, did go wrong. However, this case should not serve as a catalysts to create new DUI Penalties, especially conditions or penalties that would be enforced prior to conviction or for first-time offenders.
From a practical standpoint, on one level, it would likely be cost prohibitive. The costs that the state, counties, and/or locales would have to absorb to implement such action would be significant. On another level, first time DUI offenders are not typically hardened criminals and should not be treated as such. It ignores our basic and inherent right of the presumption of innocence. DUI has no boundaries. It cannot be traced by gender, race, religion, or socio-economic status. A single DUI can be linked to an isolated incident. For that reason, people should be afforded the opportunity to rectify the issue, not be subject to greater penalites than anyone else accused of a criminal offense.
This case, the media coverage of it, and special interest groups response to it, should serve as a reminder of the substantial consequences one may face when charged with a DUI. If you have been charged with a DUI, contact
PA DUI Defense Attorney Shawn Curry today.