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What should DUI penalties be?

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  • What should DUI penalties be?

    What do you think the DUI penalties should be in order to effect real change? This is one of those "If I were King..." threads.
    "A fanatic is one who won't change his mind, and won't change the subject." -Winston Churchill

    "I don't make jokes. I just watch the government and report the facts." -Will Rogers

    "To desire to save these wolves in society may arise from benevolence, but it must be the benevolence of a child or a fool" -Henry Fielding

  • #2
    Given that most years about 4X more people die in DUI's than all gun related deaths (including officer shootings and suicides), I think....

    Hanging would be appropriate. First offense. There would never be repeat offenders.

    Comment


    • #3
      If no injury or damage, license revoked forever nationwide, vehicle forfeited forever. 1 yr prison.
      If injury, or property damage, 25yrs.
      Fatality, death penalty
      This country will never punish DUI appropriately, and it will never stop.

      Comment


      • #4
        Mandatory lifelong revocation. Mandatory prison time if they refuse to give a breath test. Atleast a year long sentence. If the arrested is the registered owner of the vehicle, the vehicle is automatically seized. If they are not the owner of the vehicle they have to pay the full amount the vehicle is worth. The owner of the vehicle would then be charged with dui the same as the driver and the would permantely lose their license.
        Prov 17:17 A friend loveth at all times, and a brother is born for adversity.

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        • #5
          Automatic civil forfeiture of the vehicle they are driving (unless the owner of the car had no knowledge of the intended use).

          A plea and probation just doesn't cut it. I think people would start really thinking about getting behind the wheel after they've lost a car they are still paying $25k on.

          As an aside: 33 people were killed in mass shootings this week. How many more than that died as a result of drunk driving?

          Comment


          • #6
            Originally posted by pujolsfan146
            Mandatory lifelong revocation. Mandatory prison time if they refuse to give a breath test. Atleast a year long sentence. If the arrested is the registered owner of the vehicle, the vehicle is automatically seized. If they are not the owner of the vehicle they have to pay the full amount the vehicle is worth. The owner of the vehicle would then be charged with dui the same as the driver and the would permantely lose their license.

            I like your style. Penalties are too lax in MD. In my JD, they even let violators pick the days they want to serve in jail. Unless they are a 3 timer, they usually dont even go to jail.
            John 3:16

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            • #7
              1st offense, forfeiture of vehicle, 1yr prison
              2nd offense, " " , add 6 yr to prison
              3rd offense, " " , 20 year prison term

              Refusal for testing is a 10 year suspension, 1 year non-concurrent prison term, $15K fine (Double if convicted)

              Accidents with injury to other than driver, prison terms doubled or up to 25 years whichever is greater, pay medical bills of the injured party, insurance co reimbursed by offender for other's property/vehicle damages

              Serious Injury/Death to other than driver, prison terms 10-life, medical or funeral expenses paid by offender, anticipated lifetime earnings paid to dependants of victim or parents
              Don't fight to survive for you have already lost. Fight to WIN!

              Comment


              • #8
                Wow! you guys are too cruel to first timers.

                1st- slap on the wrist (30 days in jail) loss of license for a year

                2nd- loss of your house and family is sent into exile to Iraq

                3rd- expelled from planet earth

                A man should never be ashamed to own that he has been in the wrong, which is but saying... that he is wiser today than yesterday. Jonathan Swift 1667-1745

                It's only a conspiracy when your party is not in power.

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                • #9
                  Death without the possibility of parole!
                  "Don't mistake my kindness, for weakness"

                  Comment


                  • #10
                    Originally posted by redbird07
                    I like your style. Penalties are too lax in MD. In my JD, they even let violators pick the days they want to serve in jail. Unless they are a 3 timer, they usually dont even go to jail.
                    I was in court today on a motion from a dui arrest I made. The guy ahead of me had his attorney and worked out a plea. The judge accepted the plea which was an 1800 fine and 2 years court supervision. He will also get his license back. Sheesh.
                    Prov 17:17 A friend loveth at all times, and a brother is born for adversity.

                    Comment


                    • #11
                      unfortunately I don't think prison or jail terms the first offense... but only because the prison and jail systems are already overtaxed from drug offenses and the resources are already stretched thin. I do however support it for the second offense. the first I think would benefit more from a 2 to 5 year home detention with an ankle braclet on. I also support heavy fines, loss of license permenantly, and impounding of the vehicle.

                      Comment


                      • #12
                        Here is one of MANY reasons why the punishment should be worse than what is available;

                        Suspect in officer's death out of jail



                        LISE FISHER

                        Sun staff writer
                        April 21. 2007 6:01AM

                        Font Size: 101112131415161718192021222324







                        A college student accused of drunken driving when his pickup reportedly struck and fatally injured a Gainesville Police lieutenant earlier this month told a packed Alachua County courtroom he was sorry for what had happened.

                        "I can only imagine what it would be like to lose my father," Austin J. Wright, 21, said as he stood with his parents and older brother before Circuit Judge Stan Morris.

                        Wright said he was "especially sorry" for the family of Lt. Corey Dahlem, the 22-year police veteran, who died following the April 2 crash on W. University Avenue.

                        Morris reduced Wright's bond from $500,000 to $100,000 after listening to arguments from the prosecution, who opposed lowering the bond amount, and from defense attorney Larry Turner, who said his client was not a flight risk.

                        "This is a serious charge and we recognize it," Turner said.

                        However, he also said, "This is a really fine young man in very serious trouble. He celebrated too hard in an inappropriate way."

                        Breath test results from Wright showed readings of 0.227 and 0.214, according to troopers. A reading of 0.08 is enough to establish a case of driving under the influence. Wright faces charges of DUI manslaughter and leaving the scene of a crash with death.

                        Wright bonded out of jail at 7:50 p.m. Friday.

                        State Attorney Bill Cervone said it is likely prosecutors will pursue a case against Wright using the Scott Baird Act, named after a Gainesville Police officer who died in 2001 when he was hit by a vehicle while trying to remove a batting cage from a roadway.

                        If prosecutors charge Wright under the law, he could face an enhanced maximum sentence for a manslaughter conviction involving the death of an officer of 30 years instead of 15 years. The other charge carries a maximum 15-year sentence.

                        As Morris announced his ruling, he said he knew the community was "deeply wounded" by Dahlem's death. But, he said, the hearing was about the appropriateness of Wright's bond, not what he should face if convicted.

                        "I agree the bond is too high," the judge said.

                        Once released from jail, Wright will have to follow certain rules, Morris said. He cannot drive and must wear a GPS monitoring device.

                        Wright's defense attorneys had requested a court hearing to review the $500,000 bond set for the University of North Florida student after troopers arrested him.

                        Dahlem, 45, was struck shortly after 2 a.m. on April 2 as he was crossing W. University Avenue. Police had been wrapping up patrols on the street, which had been closed to traffic for a celebration following the University of Florida national basketball championship.

                        Assistant State Attorney Geoffrey C. Fleck told Morris the prosecution, considering the nature and strength of the case and the resources available to Wright, believed he was a flight risk. Fleck also read letters from the law firm representing the Dahlem family and Gainesville Police Chief Norman Botsford, both asking that the $500,000 bond remain in place.

                        "The series of decisions made by Mr. Wright, which led to this tragic event and Lt. Corey Dahlem's death, are indicative of an individual who clearly poses danger to the community," Botsford wrote.

                        In a letter signed by attorney Rod Smith on behalf of the Dahlem family, the officer's relatives expressed "strong opposition" to a lower bond amount.

                        "Considering the potential punishment in this case, the gravity of the crime and the strength of the state's case, the family believes there is a real and substantial risk of flight," it stated.

                        Watching from the gallery was Officer Jeff McAdams, president of the local chapter of the Fraternal Order of Police, and Dahlem's supervisor, Capt. Ed Book, who was in uniform.

                        Most of the others filling seats in the courtroom were there on Wright's behalf, Turner said.

                        Some cried as Wright's father addressed the court.

                        At first, Clark Wright, a dentist in Venice, had trouble speaking. His wife, Mary, stood beside him, her arms wrapped around her husband and older son. Austin Wright was next to them and wiped at his eyes as his father said his son would not flee the area. Rather, Clark Wright said his son would live with them and work in the area where the family lives.

                        But first, Clark Wright addressed the deadly crash.

                        "My family and I stand here today to express our deepest and most heartfelt sympathy for the tragic loss of Lt. Dahlem," he said.

                        Book did not comment after the hearing.

                        Asked about the hearing's outcome, Lt. Keith Kameg, spokesman for the police department, said, "When you are in law enforcement, you understand that this is a long legal journey and this is the first step on the long journey."

                        Lise Fisher can be reached at 352-374-5092 or [email protected]




                        If you want to read more about the murder, the link is provided below;
                        http://www.gainesville.com/apps/pbcs.dll/search

                        If the link is bad, then go to the search and type in "Dahlem".
                        Patrick
                        Excuses only please the one telling them!

                        The object of war is not to die for your country, but to make the other bastard die for his.

                        Comment


                        • #13
                          I say make them personally hand dig the holes used to bury people killed by drunk drivers, on top of a lengthy jail term.... Take away the option of a plea is another one.

                          Comment


                          • #14
                            1st Offense: Diversion course, $1,000.00 in fines, 6 month suspended license, 200 hours community service picking up litter.

                            2nd Offense: $3,000.00 in fines, 6 months jail (no good time / no work release), 3 years suspended.

                            3rd Offense: $7,000.00 in fines, 364 days in county (no good time / no work release) 15 year suspension

                            4th Offense: 4 years in state facility (must be served without good time and consecutively not concurrently to any other charges), forfeit vehicle, life time ban on license, lien against any assets to an assessed $10,000.00 in fines.

                            *All DUI offense's are non-pleeable by the prosecution or defense. It is what it is.

                            *Driving during 15 year suspension is a felony punishable by up 3 years in that state pen.

                            *Any type of motor vehicle accident with injuries (to another driver or passenger) said offense is an automatic doubling of sentence.

                            *Motor vehicle homicide as a direct result of DUI is an automatic 8 years (no good time, serving entire sentence from day 1 until day 2,920) in state pen, unless there are previous DUI's in which the victims family would be able to aggragate the punishment after being given guide lines to follow by the court system.
                            Last edited by Redders; 04-29-2007, 01:45 AM.
                            Sometimes, doing the right thing means p***ing off the bosses.

                            "And shepherds we shall be, for thee my lord for thee."

                            Originally posted by dontknowwhy
                            I still think troopers and deputies who work in the middle of no where with essentially no back up are the 'men among men' of the LEO world.
                            Originally posted by weinerdog2000
                            as far as your social experiment, if we cant film you then you cant film us, we will arrest you for obstruction of our freedom.

                            Comment


                            • #15
                              If life in prison was a deterrent we would see fewer capital crimes. DUI, drinking et al is just like using drugs, its a moral issue and you cannot legislate morality--case in fact prohibition failed miserably over 80 years ago and created what we now know as organized crime.

                              People will always drink and drive no matter what, its a personal choice where they make a moral decision to do so. Just like drugs no level of fines or confinement will by itself stop the problem.

                              Also I think most of you have forgotten the constitution pretty much prohibits such unrealistic fines anyway.

                              Amendment VIII

                              Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

                              DUI fines and confinement are where they should be, the public entrusts us to actually catch the offender and make a good solid case against them before they commit greater crimes such as homicide by vehicle. But to answer your question no we do not need to make DUI fines the same as kidnapping or expel them from the planet.
                              "I neither approve or blame. I merely relate."- Voltaire

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