| Author |
Message |
    
crossroads
Citizen
Username: Crossroads
Post Number: 116
Registered: 12-2001
| | Posted on Friday, January 27, 2006 - 9:06 am: |     |
This is an update to my original post from November 14, 2005 which is now in the Soapbox archives.The State Police informed me that the offending drunkard had his day in court. Fined $500 dollars – 48 hours mandatory lockup and drivers license suspended for 90 days. Think he'll do it again? I know I would.
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Tom Reingold
Supporter
Username: Noglider
Post Number: 12135
Registered: 1-2003
| | Posted on Saturday, January 28, 2006 - 7:35 am: | |
Glad he was penalized. Why would you do it again?
"This is the only thing my signature says." |
Grrrrrrrrrrr
Citizen
Username: Oldsctls67
Post Number: 216
Registered: 11-2002
| | Posted on Saturday, January 28, 2006 - 10:42 am: | |
That is totally a slap on the wrist...His atotrney must have been drinking buddies with the prosecutor or something. |
Joan
Supporter
Username: Joancrystal
Post Number: 6954
Registered: 5-2001
| | Posted on Saturday, January 28, 2006 - 12:38 pm: | |
I think there is a step plan based upon the number of DWI convictions a person has and whether or not the drunk driver was the only physically injured victim of his/her accident.
Removing the drunk driver from the road for awhile and fining him/her does not begin to address the real problem -- which is the drinking.
Persons convicted of DWI should be ordered to seek some type of counseling or rehab to dry them out and help find alternative means of dealing with the problems in their lives which lead to the drunk driving in the first place.
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Mayor McCheese
Supporter
Username: Mayor_mccheese
Post Number: 814
Registered: 7-2004
| | Posted on Saturday, January 28, 2006 - 1:00 pm: | |
Even for a first time offender that is nothing. Usual punishments go from 6 months to a year. In fact, refusing a breathalyzer will get you 6 months.
As for counseling, I believe that there is often a step like that involved (all depending on the severity, judges, and deals).
Counseling will probably do nothing. People need to not drink as much, or if you are going to drink, don't drive. It is very simple. It is not about problems in their life, it is about self control.
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anon
Supporter
Username: Anon
Post Number: 2542
Registered: 6-2002
| | Posted on Saturday, January 28, 2006 - 5:54 pm: | |
Here is tha applicable law:
http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=251238&Depth=4&TD=WRA P&advquery=DWI&headingswithhits=on&infobase=statutes.nfo&rank=&record={E060}&soHere page=Doc_Frame_Pg42&wordsaroundhits=2&x=16&y=16&zz= |
anon
Supporter
Username: Anon
Post Number: 2543
Registered: 6-2002
| | Posted on Saturday, January 28, 2006 - 5:55 pm: | |
Not sure I linked it right. |
Joe R.
Citizen
Username: Ragnatela
Post Number: 265
Registered: 6-2004
| | Posted on Saturday, January 28, 2006 - 9:08 pm: | |
This sounds like a first offense with BAC between .08 and .10. |
crossroads
Citizen
Username: Crossroads
Post Number: 117
Registered: 12-2001
| | Posted on Monday, January 30, 2006 - 10:17 am: | |
Tom - I'd take his keys again. His BAC was 2.8. |
BGS
Citizen
Username: Bgs
Post Number: 578
Registered: 10-2003
| | Posted on Monday, January 30, 2006 - 4:04 pm: | |
My father-in-law was killed by a drunk driver who had been arrested three weeks prior for the same offense This was in 1987. He had his license taken away. So he killed my F-I-L with no license.
How sad that things have not changed too much since then. |
Joan
Supporter
Username: Joancrystal
Post Number: 6989
Registered: 5-2001
| | Posted on Sunday, February 5, 2006 - 4:53 pm: | |
Taking away a person's license doesn't accomplish much if you don't also take away their access to a motor vehicle. A lot of drunk drivers have a drinking problem and this is what the courts should focus on during sentencing. Unfortunately, you can't get smeone to stop drinking alcoholic beverages irresponsibly unless and until they really want to. |
Tom Reingold
Supporter
Username: Noglider
Post Number: 12324
Registered: 1-2003
| | Posted on Monday, February 6, 2006 - 8:29 am: | |
And get rid of parking lots at bars.
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Duncan
Supporter
Username: Duncanrogers
Post Number: 5683
Registered: 12-2001
| | Posted on Monday, February 6, 2006 - 10:02 am: | |
I like the breatalizer attached to the starter of the car. You have to breath into it before the car will start. |
Robert Little
Citizen
Username: Boblittle
Post Number: 312
Registered: 4-2003
| | Posted on Monday, February 6, 2006 - 3:34 pm: | |
The minimum for a first offense in New Jersey is $350 fine ($658 with all the court costs), 12 hours Intoxicated Driver Resource Center, and seven months suspended license. A more aggravated case might get up to the maximums--$500 fine, 48 hours IRDC, 12 months suspended license, jail time up to 30 days. Later offenses draw heavier sentences. DUIs cannot be expunged and stay on your driving record forever.
Today I was in court and a woman (not my client) had a first offense 0.17 score and got the minimums, which was a phenomenal result for her. I haven't seen the archive of the incident Crossroads mentioned, but usually a higher breath score, an accident, etc., draws a higher sentence at the discretion of the judge.
The roadblock to higher sentencing ranges is that New Jersey is the only state in the country where you can't get a jury trial on a DUI. If you increased penalties, you'd have to give defendants jury rights. It's probably worth the trade-off. |
Robert Little
Citizen
Username: Boblittle
Post Number: 313
Registered: 4-2003
| | Posted on Monday, February 6, 2006 - 3:35 pm: | |
The minimum for a first offense in New Jersey is $350 fine ($658 with all the court costs), 12 hours Intoxicated Driver Resource Center, and seven months suspended license. A more aggravated case might get up to the maximums--$500 fine, 48 hours IRDC, 12 months suspended license, jail time up to 30 days. Later offenses draw heavier sentences. DUIs cannot be expunged and stay on your driving record forever.
Today I was in court and a woman (not my client) had a first offense 0.17 score and got the minimums, which was a phenomenal result for her in light of her high breath test. I haven't seen the archive of the incident Crossroads mentions, but usually a higher breath score, an accident, etc., draws a higher sentence at the discretion of the judge.
The roadblock to higher sentencing ranges is that New Jersey is the only state in the country where you can't get a jury trial on a DUI. If you increased penalties, you'd have to give defendants jury rights. It's probably worth the trade-off. |
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