Blog Topic

An Example in Favor of Enhanced Punishment
Posted by: Zach Peagler
September 06, 2008

I wonder how drastic the traffic increase has been on the website I found this article on since the announcement of Palin for VP?  I actually found this article before the announcement, but had to note the irony in light of McCain's bold  and publicity-enhancing move. 

In any event, I am posting this under the topic of A for Adultry as the original article in this topic dealt with what I deemed to be the absurdity of the yellow colored license tags for prior DUI offenders.  While I still agree with what I wrote at that time, this article certainly reminds us of the need to do everything in our power to rehabilitate, if not more harshly punish repeat DUI offenders in order to prevent potential tragedy.  This article, found on the Juneau Empire's website (http://www.juneauempire.com/stories/081008/reg_316887130.shtml), reports the sentencing of a man convicted of murder for hitting another person's car while intoxicated.  Perhaps the most horrific part of the terrible event is that it is noted that the man had a history of alcohol related crimes, including at least one prior DUI.  Although it is impossible to say for certain, stories such as these make us feel that the tragedy could have been prevented through harsher punishment or more strictly enforced rehabilitation for people with obvious substance abuse problems.

The question is too complicated for me to pretend to have the answer, or answers.  I'm not convinced that the scarlet letter (see "A for Adultery") is the answer, but I'm not in favor of repeated slaps on the wrist either.  While I don't necessarily advocate jail time and crippling fines, I do favor programs that promote alcohol awareness and assessment for potential alcholics; and if the offenders do not comply with court orders for assessment and/or treatment, then I say throw the book at them.  Food for thought...

Drive safe,

Zach

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A For Adultery
Posted by: Zach Peagler
July 26, 2008

The following article from the New York Times (http://freakonomics.blogs.nytimes.com/2008/02/28/yellow-license-plates-for-dui-offenders/?scp=2&sq=dui&st=cse) states that a bill has been introduced in Washington State that would require convicted DUI offenders to use flourescent yellow license tags for one year after regaining their driving privileges.  As stated in the article, the purposes of the bill include deterring would-be drunk drivers and alerting other drivers of a potentially dangerous driver, which I can almost get my head around.  The final listed purpose of alerting the police of a driver with a DUI record really bothers me. 

As far as a deterrent, I would feel that would have more to do with the future alert system for the police than the embarrassment of driving with the yellow tag, but I guess a deterrent is a deterrent, no matter the reasoning.  My real problem lies with what what appear to create all kinds of Constitutional issues, potentially including entrapment, cruel and unusual punishment, and unreasonable search and seizure, to name a few.  

I don't see that branding a first time DUI offender with the equivalent of the scarlet letter will really do any good to make our streets more safe.  First of all, society has changed since the days of the witch hunt.  Young adults, for the most part, would not be as embarrassed to have to drive with the yellow tag as Hester Prynne was to wear the Scarlet "A" in Hawthorne's great tale.  In fact, the college aged young adult might even view it as a badge of honor at the fraternity house.  And young professionals, who have likely learned their lesson anyway with the heavy fines and license suspension, will only be subject to scrutiny from bosses and co-workers, providing no more of a deterrent, just unnecessary stress and embarrassment (residual punishment for a crime for which they have already been punished).  

Secondly, where are the statistics to tell me that one time DUI offenders are more likely to drive impaired than the any other person never convicted of DUI?  Most of the people we have represented have been committed to not receiving a second DUI, even if they do not make a real life style change they certainly take precautions to avoid a second DUI conviction.  On the flip side, the streets are full of persons that drive impaired on a weekly, if not daily basis, that have just been lucky enough to have never been caught.  So when the cars go heading out of the bar at closing time, the police officer will be eyeing the Yellow Tag (who would be stupid enough to drive drunk with the Yellow Tag??) while the highly intoxicated person with the normal looking license tag ramps the curb, runs the red light and heads off down the road...

 Just my opinion.  Drive Safe,

Zach 

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