Hurry Up & Convict – DUI Laws Not Fast Enough For Some
It never surprises our Chicago DUI Lawyers the extent people will go to destroy the basic Constitutional rights in the name of DUI enforcement. More proof of this “war on DUI” can be found in the following story from the Rapid City Journal, in South Dakota.
DUI clusters a challenge for justice system
When drivers rack up multiple DUIs in a short period of time, they get ahead of the legal system, which allows the worst violators to potentially avoid felony convictions.
State officials and anti-drunk driving activists agree more must be done to keep dangerous motorists off the road. But there are no easy solutions to these clusters of DUIs. Prosecutors say their hands are tied by the constitutional presumption of innocence.
This fraction of DUI cases is exacerbated by the vexing challenges of addiction, state law and the methodical nature of the legal system.
“Vexing challenge of State law….methodical nature of the legal system”? Really? Are we trying to follow the law and have respect for the Judicial system, or are we trying to ram DUI convictions through the system?
Clusters appear to be a more significant problem in Rapid City than in Sioux Falls, which has approximately three times as many people. Proportionately, Rapid City police arrest twice as many repeat offenders within 90 days of their initial DUI arrest.
Combating drunk driving has been a priority for law enforcement across the country and in South Dakota for many years. Public relations campaigns and regular checkpoints deliver the message that police are paying special attention to impaired drivers.
Rapid City has placed a huge emphasis on DUI enforcement.
“Every day and night, we are looking for the drunk driver,” Rapid City police chief Steve Allender said.
A running tally of drunken driving arrests is posted on a billboard to encourage public awareness and interest.
“Paying special attention”. “Huge emphasis on DUI enforcement”. “Running tally posted on a billboard”. “Every day and night we are looking for the drunk driver”. Honestly, does anyone believe that these arrests are on the up and up? Or is it more likely that the 4th Amendment (unreasonable search and seizure, remember that one?) is being trampled on. But wait, there’s more.
The issue with DUI clusters is a byproduct a fundamental right of the United States’ legal system. People are presumed innocent until proven guilty. That means they to keep their rights and privileges –- such as a driver’s license -– until a judge has a conviction as reason to take it away.
It can take months for a case to work through the courts from arrest to a guilty plea or verdict at trial. Many offenders go through a treatment program causing additional delay.
That gap allows repeat offenders –- particularly people with serious alcohol addictions –- time to be arrested again for drunk driving.
“This happens all the time,” Lila Doud, president of Pennington County Mothers Against Drunk Driving Chapter said. “We need to get them through the system faster.”
“Get them though the system faster” No word about protecting people’s Constitutional rights, fair hearings, or due process. Oh, that’s right – we’re talking about people alleged to have been drunk driving. They should not have any rights.




