DUI Law Update: MADD Gets Its Cake And Eats It Too!
This DUI law update sets forth an alternate interpretation of MADDs attempt to pass Annie’s Law. Is it possible that MADD has seen the error of its ways and is seeking to do damage control? The most common complaint about DUI enforcement in the State of Ohio concerns the ability of a police officer to seize your license and prevent you from driving for 15 or 30 days (first offense) before you are even taken to court. We often hear a shocked response of, “What about innocent until proven guilty?” Is this criticism causing MADD to look for a different (yet much more harsh) penalty?
The people who bear the brunt of the law (called Implied Consent) are the family members who must put their lives on hold to arrange for rides both to and from work until the court grants limited driving privileges. Some courts choose not to grant driving privileges prior to the pre-trial or until a person’s case gets disposed of causing a tremendous burden on families, loss of jobs or forcing a person to risk another criminal offense by driving under an ALS suspension.
Again, the question arises about our values. Can we punish prior to a finding of guilt? The answer from MADD and their allies in the Ohio legislature has been to say, “Tough luck.” As drunk driving incidents have declined and society has come to loathe drunk drivers, they continue to advocate harsher and harsher laws. Annie’s Law will require first-time offenders to install an expensive ignition interlock device in order to get driving privileges.
With the advent of the DUI law update: Annie’s Law, MADD gets it cake and eats it too. They are gleeful at the idea of passing another neo-prohibitionist law. Just listen to their Ohio director, “It’s like having an electronic probation officer in the front seat,” says MADD Ohio State Executive Director Doug Scoles from his Columbus office. “You can’t drink and drive, period. The point is, why do we care where they go? That’s ridiculous. Let them go to work. Let them go to the game. Let them go to the store. That’s our whole mentality behind this. I think it’s a win-win-win situation. Nobody loses on this.” What he means is that once ordered the judge can let you drive, but the punishment is still there and in many ways far worse.
Yet Annie’s law is a bit too much for some of MADDs traditional allies. Opposing the bill is the Ohio Judicial Conference (OJC), an association representing every judge working in the state. The OJC states the bill is costly for working-class families as the in-car breathalyzers are expensive to purchase and install, while indigent offenders will cost the state much needed public funds. What’s more, said the OJC, the majority of first-time offenders “do not reoffend.”
The neo-prohibitionist agenda of MADD is not in step with society. We do view drinking and driving as acceptable. We all want impaired people off our roadways, but we are no longer willing to follow the “win at any cost to the constitution” approach advocated by MADD. We are no longer willing to accept a “WAR” against ourselves, intrusive road blocks, forced blood draws, passive in-car alcohol detectors, mandatory license suspensions, scarlet letter license plates, and Annie’s Law. Is it now acceptable to have “an electronic probation officer” in every car?
Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio. He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671. You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500. Follow Dayton DUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog. Email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI defense.”
For more DUI Law Update check these city-specific sites at the following links:
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