Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here Truth, Justice…and DUI Politics »
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- It is known by any experienced criminal attorney that when dealing with a drunk driving offense truth, justice and fairness can be rare commodities in our courts. This thing has has become such a common phenomena that now a label has been acquired by it and that is: "The DUI exception to the Constitution". When it comes to cases that involves driving under the influence of alcohol or drugs, it looks like there is a distinct bias in favor of "streamlining" procedures and facilitating convictions.
It might be suggested by the cynics that this may have something to do with political considerations with the desire of some judges to get reelected. We will discuss that about that in a moment….. Right now, let’s take a look at an example of what kind of thinking goes on in a DUI case in the judicial mind. In fact, let us take example from the highest court of the most populated state in the country: the Supreme Court of California.
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Drunk Driving and Double Jeopardy »
Whenever a police officer arrest a person for DUI, he takes away his driver’s license and he give him a notice of "administrative suspension". He also gives him a citation to appear in court in order to face criminal drunk driving charges.
Usually these are two very different procedures:
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the administrative suspension that is held for driving with blood-alcohol of .08%, in most states this is administered by its department of motor vehicles, and
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the criminal prosecution for the two separate offenses of driving under the influence of alcohol (DUI) and driving with .08%, and this takes place in the courts.
Explaining this in other words, even though the person who is convicted drove only once, but he is being prosecuted for two different crimes: DUI and driving with a .08% BAC. The possibility is that he can even be convicted of both offenses (although he can only be punished for one). How is that possible?
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Woman gets 18 years Imprisonment for DUI death »
The blood-alcohol level of Taylor was .22%. On Friday Circuit Judge Roger Clark sentenced Shirley Cumberland Taylor to 18 years in prison for DUI that has caused the death of William H. Kelly.
Kelly, who was Taylor’s neighbor, was walking with his wife when Taylor’s northbound pickup changed its direction across Mark West Road and he was struck by her pickup. At that time he had been holding his wife’s hand in a driveway that was located on the opposite side of the road as they waited for the truck to pass.
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Punishments given in California against DUI arrest »
The common factor between jockey Patrick Valenzuela, actress Lindsey Lohan and Vice President Dick Cheney is that they all are presently or in the past, have faced the DUI issues. The last few years have witnessed an enormous number of DUI arrests and violations, and right from the beginning of this year there have been thousands of DUI arrests. There is one major issue of the Celebrities and secretaries, and that is they all drink and drive. If we take a look of the DUI arrests in California alone, we will find that last year, there were over 178,000 DUI arrests.
And after one has been arrested then obviously he has to face the legal ramifications of this case, each time you get arrested you screw up your record for dui arrest. However, those who are offenders their licenses can also be revoked and any other punishments can also be given. By getting this license revocation punishment it will be impossible for them to get to and from work. Following are a few of the consequences for those who choose to drink and drive in the state of California, The individuals can get the following punishment:
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