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DWI/DUI repeat offenders

Started by cpzilliacus, August 22, 2012, 09:47:52 AM

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cpzilliacus

I somewhat frequently read of people that have numerous convictions for drunk or impaired driving, yet they keep on driving.

Here is a newspaper article describing a recent case from Spotsylvania County, Virginia. 

QuoteA Spotsylvania man with 11 verified convictions for driving while intoxicated was convicted of a 12th Tuesday.

QuoteDavid Maron Apraham, 44, pleaded guilty in Spotsylvania Circuit Court to felony driving under the influence (third within five years), driving on a suspended license and refusing to take a breath test. In exchange for his guilty pleas, prosecutor Tom Shaia dropped a felony eluding police charge.

QuoteApraham will face a maximum penalty of seven years in prison when he is sentenced Nov. 6.

Is he going to get the seven years in prison? 

Are his driving privileges revoked?
Opinions expressed here on AAROADS are strictly personal and mine alone, and do not reflect policies or positions of MWCOG, NCRTPB or their member federal, state, county and municipal governments or any other agency.


Special K

He was already on a suspended license, so the revokation likely wouldn't matter to him.  He needed jail time about 11 convictions ago.

agentsteel53

he needs to be propped up in the town square, holding a sign that says "I am the biggest douchebag in the world".

three rotten eggs for a dollar.
live from sunny San Diego.

http://shields.aaroads.com

jake@aaroads.com

Duke87

Anyone over the age of 25 who is a repeat offender for DUI ought to have their driving privileges revoked permanently.

For people who are young enough (the age of majority for car insurance seems like an ideal cutoff, insurance companies know their shit about these things), we can have lenience with and say "boys will be boys" about this sort of thing to some degree so long as no one ends up getting hurt. But after that we have to expect people to be mature enough that there is no excuse.
If you always take the same road, you will never see anything new.

6a

It blows my mind that Ohio is the only state to do this...I'm sure there is an official name but everyone here calls them "party plates"



Basically, if your license is suspended or limited after a DUI, you get to sport a pair of these on every car you own.


Duke87

That's actually a great idea. Public humiliation is a powerful punishment.
If you always take the same road, you will never see anything new.

The High Plains Traveler

Quote from: 6a on August 22, 2012, 08:34:51 PM
It blows my mind that Ohio is the only state to do this...I'm sure there is an official name but everyone here calls them "party plates"



Basically, if your license is suspended or limited after a DUI, you get to sport a pair of these on every car you own.

Minnesota has those too. Those plates have AB1234 (actually in the WX to XC or so series) combinations, not on the standard auto plate with the screened design but rather on an all-embossed baseplate. These are issued to drivers with restricted (drive-to-work only) licenses.  I was a little surprised a couple of years ago to see one in a hotel parking lot in Ft. Collins CO.
"Tongue-tied and twisted; just an earth-bound misfit, I."

6a

Quote from: The High Plains Traveler on August 22, 2012, 09:23:51 PM
Minnesota has those too. Those plates have AB1234 (actually in the WX to XC or so series) combinations, not on the standard auto plate with the screened design but rather on an all-embossed baseplate. These are issued to drivers with restricted (drive-to-work only) licenses.  I was a little surprised a couple of years ago to see one in a hotel parking lot in Ft. Collins CO.

Ha, I didn't know MN did that as well, mark me down as corrected.  Those things are better than Angie's List when you see one parked in the contractor zone at Lowes, haha.

allniter89

#8
I totally agree with all the above BUT there is no way to stop a driver with a suspended/revoked license from driving, except jail time<works for me.
I'm not proud to admit this but 30+ years ago I was a repeat offender of driving while suspended/revoked, offender (NOT for DUI). I was so arrogant I drove (with a suspended/revoked license) to the courthouse for my hearing. My 3rd offense the judge gave me 30 days in the state prison, guess who never drove with a suspended/revoked again. I went back and thanked the judge years later because I realized that was the only way to stop me from driving w/out license.
I've heard of drivers with 8 DUIs on their record, thats crazy! We need to get tougher on the impaired  driver, you should only be allowed ONE conviction then throw the book at them, I like the Ohio idea, humiliation is a powerful tool! I've lost 4 friends and know 2 others that are crippled for life after being hit by a impaired driver! Its disgraceful to allow a driver with more than one impaired driving conviction to continue to drive but the jails are full and taking their license has no effect on them so what to do, what to do?
BUY AMERICAN MADE.
SPEED SAFELY.

formulanone

#9
Quote from: cpzilliacus on August 22, 2012, 09:47:52 AM
I somewhat frequently read of people that have numerous convictions for drunk or impaired driving, yet they keep on driving.

...

Is he going to get the seven years in prison? 

Are his driving privileges revoked?

Daily rounds of electroshock therapy might do the trick. A year of this ought to stop the impulse to do anything for a while.

So what series of judges allowed the previous 11 charges to be...meaningless? Do this in Florida, and by your third conviction, a three-year suspension and jail time; a fourth conviction, your license is permanently revoked, and likely even more jail time.

Quote from: 6a on August 22, 2012, 08:34:51 PM
It blows my mind that Ohio is the only state to do this...I'm sure there is an official name but everyone here calls them "party plates"...

I was wondering what type of plate that was when I saw one a few months back.

6a

Quote from: formulanone on August 22, 2012, 09:42:55 PM

So what series of judges allowed the previous 11 charges to be...meaningless? Do this in Florida, and by your third conviction, a three-year suspension and jail time; a fourth conviction, your license is permanently revoked, and likely even more jail time.

After the third one here one runs the risk of having the *vehicle* seized by the state, not to mention the license.

bugo

My friend's brother has totaled at least 5 cars while he was driving drunk.  Every time he has gotten a car he has wrecked it within 6 months.  I don't think he has a license now, but that doesn't stop him from driving.

cpzilliacus

Quote from: bugo on August 22, 2012, 10:43:57 PM
My friend's brother has totaled at least 5 cars while he was driving drunk.  Every time he has gotten a car he has wrecked it within 6 months.  I don't think he has a license now, but that doesn't stop him from driving.

Sounds like an excellent candidate for an extended stay in prison.
Opinions expressed here on AAROADS are strictly personal and mine alone, and do not reflect policies or positions of MWCOG, NCRTPB or their member federal, state, county and municipal governments or any other agency.

agentsteel53

sounds like an excellent candidate to get punched in the balls every morning, with a grumbling "are you dead yet, you piece of shit?"
live from sunny San Diego.

http://shields.aaroads.com

jake@aaroads.com

agentsteel53

Quote from: The High Plains Traveler on August 22, 2012, 09:23:51 PM
Quote from: 6a on August 22, 2012, 08:34:51 PM
It blows my mind that Ohio is the only state to do this...I'm sure there is an official name but everyone here calls them "party plates"

[embossed plate]

Basically, if your license is suspended or limited after a DUI, you get to sport a pair of these on every car you own.

Minnesota has those too. Those plates have AB1234 (actually in the WX to XC or so series) combinations, not on the standard auto plate with the screened design but rather on an all-embossed baseplate. These are issued to drivers with restricted (drive-to-work only) licenses.  I was a little surprised a couple of years ago to see one in a hotel parking lot in Ft. Collins CO.

so, basically the only way to get a cool old-style embossed plate from those states is to be a social feces?
live from sunny San Diego.

http://shields.aaroads.com

jake@aaroads.com

Special K

Quote from: formulanone on August 22, 2012, 09:42:55 PM
So what series of judges allowed the previous 11 charges to be...meaningless?

The 11 convictions were from 3 different states.  I don't know if states share that information with others or if out-of-state convictions count towards a state's accumulation formula.

Brian556

I have Asperger's. So I think differently than the general population.

Here are my thoughts on this issue:
I don't drink. I don't see any reason to. It has alot of negatives. I watch TV and always see all of the problems that alchol causes in our society, and I think to myself " Why the hell would I want to drink?" Unlike the general population, I am smart enough to learn from other's mistakes. In my view, the general population is nothing but a bunch of stupid sheep that do stuff "just because everybody else does" and is incapable of thinking for themselves.


As for the drunk driving issue, I think we need a tiered penalty system based on how much the driver is over the limit. I have heard a statistic that most of the drunk drivers that cause fatal crashes are at least twice the legal limit. Drivers who travel the wrong way on a freeway are almost always twice the legal limit.

The penalties should be based not only on amount over the legal limit, but the damage done. Rediculous f-ups such as traveling the wrong way on a freeway or striking a building should be automatic minimum one year in prison and loss of lisence for a number of years.

The fact that this is such a big problem just shows you how selfish, trashy, and irresponsible some people really are.

jeffandnicole

Quote from: Duke87 on August 22, 2012, 08:17:00 PM
Anyone over the age of 25 who is a repeat offender for DUI ought to have their driving privileges revoked permanently.
And this thinking is where the problem lies.

Repeat offenders - especially those in the double digits - already have their privileges revoked.  A license is a 2" x 3" piece of paper.  The lack of it doesn't prevent you from getting in the driver's seat, starting the engine, and driving away.  I'm sure all of us at least one time drove forgetting our license at home, and it didn't prevent any of us from backing down the driveway into the street.

Maybe they should take away the car then, right?  Wrong.  The lack of a license or a car doesn't prevent a drunk from stealing someone else's car, or from driving a friend's car.

A criminal doesn't care about the law to begin with, so why would anything think a multi-convicted DUIer who just had 6 beers in an hour would care about DUI laws or driving laws now?

roadman

#18
The bigger problem in Massachusetts is getting the judges to actually impose the penalites the law calls for.  Even when that actually happens, then the defense lawyers will look for any means possible (justified or otherwise) to get the conviction overturned.

We had a case here a short time ago where a drunk driver (who had prior multiple OUIs) hit an off-duty police officer who was returning home from work.  The officer, who was in uniform at the time, managed to get the drunk's keys away from him (I recall he was able to just take them out of the ignition) so he couldn't drive off.   Upon appeal, the guy's OUI conviction for this incident was overturned by a higher court, who agreed with the defense argument that, because the officer was outside his jurisdiction and still in uniform, taking the drunk's keys constituted an illegal detainment of a person.
"And ninety-five is the route you were on.  It was not the speed limit sign."  - Jim Croce (from Speedball Tucker)

"My life has been a tapestry
Of years of roads and highway signs" (with apologies to Carole King and Tom Rush)

Special K

Quote from: roadman on August 23, 2012, 02:14:09 PM
The bigger problem in Massachusetts is getting the judges to actually impose the penalites the law calls for. 

Two words: prison overcrowding.

roadman

Quote from: Special K on August 23, 2012, 02:24:34 PM
Two words: prison overcrowding.

Point taken.  But some judges have been reluctant to even grant license suspensions or revocations for repeat OUIs, let alone not imposing jail time.  Further proof that society doesn't really care about addressing the issue.
"And ninety-five is the route you were on.  It was not the speed limit sign."  - Jim Croce (from Speedball Tucker)

"My life has been a tapestry
Of years of roads and highway signs" (with apologies to Carole King and Tom Rush)

NE2

Quote from: roadman on August 23, 2012, 02:14:09 PM
Upon appeal, the guy's OUI conviction for this incident was overturned by a higher court, who agreed with the defense argument that, because the officer was outside his jurisdiction and still in uniform, taking the drunk's keys constituted an illegal detainment of a person.
The fuck? This is solid proof of a car culture. You can't drive so you're detained?
pre-1945 Florida route log

I accept and respect your identity as long as it's not dumb shit like "identifying as a vaccinated attack helicopter".

agentsteel53

Quote from: NE2 on August 23, 2012, 02:42:14 PM
Quote from: roadman on August 23, 2012, 02:14:09 PM
Upon appeal, the guy's OUI conviction for this incident was overturned by a higher court, who agreed with the defense argument that, because the officer was outside his jurisdiction and still in uniform, taking the drunk's keys constituted an illegal detainment of a person.
The fuck? This is solid proof of a car culture. You can't drive so you're detained?

and what's wrong with the detention anyway?  I had thought the first thing the officer was supposed to do was to call in someone who is of the local jurisdiction, and let that officer take care of the formal arrest... but as long as that second officer isn't there, it is the first officer's responsibility to keep the suspect detained.  he certainly had probable cause, since the guy had crashed into his car drunk!

it's basically an administrative difference, not grounds for tossing a case. 
live from sunny San Diego.

http://shields.aaroads.com

jake@aaroads.com

Jordanah1

Quote from: The High Plains Traveler on August 22, 2012, 09:23:51 PM
Quote from: 6a on August 22, 2012, 08:34:51 PM
It blows my mind that Ohio is the only state to do this...I'm sure there is an official name but everyone here calls them "party plates"



Basically, if your license is suspended or limited after a DUI, you get to sport a pair of these on every car you own.

Minnesota has those too. Those plates have AB1234 (actually in the WX to XC or so series) combinations, not on the standard auto plate with the screened design but rather on an all-embossed baseplate. These are issued to drivers with restricted (drive-to-work only) licenses.  I was a little surprised a couple of years ago to see one in a hotel parking lot in Ft. Collins CO.
there might be more cars with those 'party plates' on the road in wisconsin than cars without them  :cheers: :cheers:
"Oshkosh"- "Oh, you mean like 'Oshkosh BGosh'?"

allniter89

Do we think "house arrest" where the convicted dui driver will wear an ankle bracelet to keep him in the house would work?
But then the problem of going to work arises.  Maybe the ankle bracelet could be set to detect at home and work locations .My take is tough sh*t, you made your bed now lie in it!
Punishment needs to be severe so people will fear the punishment and not drive drunk, or commit other crimes. Criminals arent afraid of prison, most of their friends will be there, +3 hots and a cot, cable tv, a/c, guarenteed meals made for you, sound pretty good huh?
Prison overcrowding solutions. 1~Regulate marijuana, 2~if someone is convicted of taking a life by any means, even a convicted dui driver the penalty is death, and not 20 friggin years later, NOW! These two actions will free up alot of prison space for real criminals.
Another thing, while I'm ranting, here's another proposal--if you run from the cops, either in a car or foot the officier has the right to shoot your ass, aiming for a kill shot! /rant

BUY AMERICAN MADE.
SPEED SAFELY.



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