Our Lawyers have long rallied against the severity of this State’s current DUI Laws.  We have noted how groups like MADD want to punish everyone as harshly as possible, regardless if you are a first time offender or not. ( see Kansas Considering Special DUI Courts – MADD Wants Punishment).

We also long argued that groups like MADD use extreme arguments to justify their continued war on our Constitutional Rights (see Another “Extreme” Argument For Jailing 1st Time DUI Offenders)

Well finally the harshness of drunk driving laws is getting a second look as a sympathetic Defendant gets City wide attention.

Illegal immigrant earns support of City Council committee to stay

After an emotional appeal from a straight-A student facing deportation in 33 days, a City Council committee agreed Friday to champion the cause of Rigo Padilla and others caught in the switches while awaiting immigration reform.

The Human Relations Committee unanimously approved a resolution urging the U.S. Homeland Security Department to stop deportation proceedings against Padilla and all other immigrant students who would be eligible for legal status under the so-called DREAM Act still pending before Congress.

On Jan. 18, Padilla was driving home from watching a football playoff game on TV after having a few beers with friends when he was arrested. He was charged with driving under the influence after being accused of rolling through a stop sign.

He was taken to Cook County Jail. When a public defender found out that he was an undocumented immigrant, he was reported to Immigration and Customs Enforcement.

The damage was done. Although Padilla was released with an electronic monitoring device and given court supervision for the traffic violation, he was put on the fast track to deportation. That day of reckoning is 33 days away.

“It is a mistake that I made, and I do have to face the reality. I am sorry for it. I’m just hoping and seeking support to stay in this country,” said Padilla.

Padilla came to Chicago 15 years ago from Jalisco, Mexico, with his mother and sisters to join his father.

Human Relations Committee Chairman Helen Shiller (46th) responded: “You’re referring to a minor traffic violation as a mistake that you made. But you’re being punished for something that occurred when you were 6, so I don’t think you can be responsible.”

Wait a minute.  “Minor traffic violation”?  Padilla was arrested for DUI! The very same “crime” for which MADD urges punishment, jail time, and revocation of driving privileges.  So is drunk driving a “crime” or “minor traffic violation”?  What about a first time drunk driver with no criminal history?  How should they be treated?  Obviously we agree with Alderman Shiller.

Ald. Roberto Maldonado (26th) branded Padilla’s case a “tragedy” that “reflects how broken our immigration system is.” He said that under President Obama, “We have seen more deportations and separation of families than we have seen under Republicans.”

This arrest reflects far more than the “broken immigration system”, Alderman Maldonado, it reflects how ridiculous the punishment for first time drunk drivers is.

“Shame on the Democrats. Shame on this administration. We really need to put the pressure on. Aside from helping the banks [avoid] bankruptcy and reforming health care, immigration reform should be a top priority,” Maldonado said.

And shame on MADD, Legislators, and everyone else hell-bent on making sure that first-time DUI offenders are treated like recidivist monsters, when all they did was make the same “mistake” as Mr. Padilla, a minor traffic violation.