[Vision2020] DUIs [formerly highway]
Art Deco aka W. Fox
deco@moscow.com
Fri, 27 Feb 2004 11:59:23 -0800
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Sunil, et al,
Since I haven't done any court watching since moving to Moscow 14 years ago,
I was unaware of the suspension of the DQ rule. I do not know if this was
wise, since I know first hand by observation and investigation there are
judges who are unfair to certain defendants, attorneys (prosecution and
defense), and/or law enforcement officers.
I tend to believe based in part on reading and in part on interested
observation when the following things are present, the number of DUI
citations goes down significantly.
1. Strict enforcement (zero tolerance) by well trained law enforcement
personnel.
2. Use of video tape during the initial stop, during testing, and during
booking.
3. A rigorous policy of prosecution with plea bargains only in cases
where acquittal seems to be the most probable outcome.
4. Uniform and strict, fairly harsh sentences including jail time.
5. The use of frequent bar stops by law enforcement to let bar patrons
know that there is a police presence and to keep bars from over-serving and
doing other things that contribute to alcohol-related irresponsible patron
behavior.
Sentencing is always a difficult question. I think, however, it is better
public policy for the prosecution and the judge to err on the side of public
safety. Also, harsh sentences sometimes jolt someone to get better control
of their life and in the long run they and their families are much better
off.
Wayne
----- Original Message -----
From: Sunil Ramalingam
To: deco@moscow.com ; vision2020@moscow.com
Sent: Friday, February 27, 2004 9:56 AM
Subject: Re: [Vision2020] DUIs [formerly highway]
Wayne,
You cannot currently disqualify a judge in any criminal case in Idaho.
The rule that permitted DQs has been suspended. Therefore there is no link
between a judge's fear of being DQ'd and the sentences they hand out. One
may think the sentences are too lenient, but that's another discussion; they
have nothing to do with fears of being DQ'd.
DUI cases are often difficult to prove; that's why so many get bargained.
Sunil
>From: "Art Deco aka W. Fox"
>To:
>Subject: Re: [Vision2020] highway
>Date: Fri, 27 Feb 2004 08:28:25 -0800
>
>Sunil, et al,
>
>I think that Idaho DUI and similar laws and their enforcement are way too
>lax.
>
>I do not know about Latah County because the Daily News does not yet
provide
>us the public record information about citations and dispositions. But I
>had at one time extensive knowledge about the three northern Idaho
counties.
>
>I think the sentencing is way too lax. Plea bargains down to inattentive
>driving are far, far too common. With regard to DUIs PA's are slothful
>simply lack the balls to get tough. Judges are so afraid of initial
>disqualifications and the resulting assignment to non-local venues that
DUI
>sentencings are about the same as they were 30 years ago after adjustment
>for inflation. Because of the disqualification rule, sentencing follows
the
>LCD of the magistrate pool.
>
>I think at least 10 days of jail time should be required for first time
>offenders; instead of 20 hours of community service there should be 200
>hours. 200 hours of week-end inconvenience may have some real deterring
>power for the first time offender. Effective programs need to be
mandatory
>for those diagnosed with drinking and other substance abuse problems and
>paid for, where possible, by the offenders themselves. The counseling in
>place now is a cruel joke. Stiff mandatory minimum sentence and fines
>guidelines need to be statutorily set to offset the effects of the
>disqualification rule.
>
>Several years ago an intoxicated Moscow woman murdered three Native
>Americans in Kootenay County in a DUI incident. Her sentence was three
>years, served not at the state pen but on week-ends at the Latah County
>jail. What kind of deterrence is this? What kind of retribution for
>irresponsible, murderous behavior is this? What message to potential
>offenders does this send?
>
>I do not know what is in place now, but a about 25 years ago British
>Columbia enacted DUI legislation that very significantly reduced DUI
related
>injuries and fatalities. Failing a field sobriety test, an offender's
>vehicle was impounded and not released until the case was heard without a
>large hassle, if follow-up tests were positive. Several days of jail
time
>were mandatory for first offenders as well as a minimum $2500 fine.
Second
>time offenders lost driving privileges for at least a year and sometimes
up
>to five years. DWP brought immediate prolonged jail time and another
very
>large fine and could lead to permanent vehicle confiscation.
>
>In Finland several years ago the third DUI brought a life sentence in
>prison. The DUI rate dropped drastically!
>
>These are severe measures and certainly take a toll on the offender's
family
>(who do have some influence over the offender's behavior in many cases)
but
>they have worked well to protect potential innocent victims of criminally
>irresponsible behavior.
>
>Respectfully,
>
>Wayne Fox
>
> ----- Original Message -----
> From: Sunil Ramalingam
> To: DonovArn@aol.com ; pkraut@moscow.com ; vision2020@moscow.com
> Sent: Thursday, February 26, 2004 10:21 PM
> Subject: Re: [Vision2020] highway
>
>
> Pat,
>
> Thank you for your clarification. I commute to Lewiston daily, so I
have
>an interest in improvements to Highway 95. Yet I oppose the proposed
>Paradise Ridge route, not necessarily for environmental reasons. I think
>the Transportation Department intentionally offered two bad plans, with
the
>goal of building the Paradise Ridge route. They knew that the many
people
>who live along 95 now would mobilize and oppose that option. What other
>options were looked at prior to winnowing down the choices? Why were
these
>two the 'best' choices? On winter days I check out the ridge to see how
>much fog is sitting where the proposed road will run. I don't believe
that
>putting the highway up there is going to make me safer.
>
> I wonder why they didn't include an option that would run the highway
>parallel to the state line, and connect with HY 8 around Walmart. I
realize
>that some downtown merchants would oppose this, but would this
necessarily
>harm Moscow's economy?
>
> I would like to pass this message along: Just because it's snowing
does
>not mean one must drive down Reisenauer Hill at 10 - 15 miles an hour.
I've
>come up behind someone doing this twice now, and it hasn't been fun. I
>wasn't going over 40 either time, but it was still pretty hairy.
>
> Donovan, I find it interesting that you think Idaho is too lax on
drunk
>drivers. One of the Kootenai County deputy prosecutors recently had a
>column in the Spokesman-Review attacking Washington's ''lax" DUI laws,
and
>complained that Washington doesn't have a felony DUI law; he contrasted
>Idaho's wonderful felony DUI statute and argued that Washington should
>follow our legislature's example. He campaigned to be a judge in Spokane
in
>the last election, and I took the column to be his opening salvo in his
next
>campaign. Now that you've identified our approach to DUIs as lax, he may
>have to pick a new state to champion.
>
> Sunil
>
>
>
>---------------------------------------------------------------------------
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<DIV><FONT face=3DVerdana>Sunil, et al,</FONT></DIV>
<DIV><FONT face=3DVerdana></FONT> </DIV>
<DIV><FONT face=3DVerdana></FONT> </DIV>
<DIV><FONT face=3DVerdana>Since I haven't done any court watching since =
moving to=20
Moscow 14 years ago, I was unaware of the suspension of the DQ =
rule. I do=20
not know if this was wise, since I know first hand by observation and=20
investigation there are judges who are unfair to certain =
defendants,=20
attorneys (prosecution and defense), and/or law enforcement=20
officers.</FONT></DIV>
<DIV><FONT face=3DVerdana></FONT> </DIV>
<DIV><FONT face=3DVerdana>I tend to believe based in part on reading and =
in part=20
on interested observation when the following things are present, the =
number of=20
DUI citations goes down significantly.</FONT></DIV>
<DIV><FONT face=3DVerdana></FONT> </DIV>
<DIV><FONT face=3DVerdana>1. Strict enforcement (zero =
tolerance)=20
by well trained law enforcement personnel.</FONT></DIV>
<DIV><FONT face=3DVerdana></FONT> </DIV>
<DIV><FONT face=3DVerdana>2. Use of video tape during =
the=20
initial stop, during testing, and during booking.</FONT></DIV>
<DIV><FONT face=3DVerdana></FONT> </DIV>
<DIV><FONT face=3DVerdana>3. A rigorous policy of =
prosecution=20
with plea bargains only in cases where acquittal seems to =
be the most=20
probable outcome.</FONT></DIV>
<DIV><FONT face=3DVerdana></FONT> </DIV>
<DIV><FONT face=3DVerdana>4. Uniform and strict, =
fairly harsh=20
sentences including jail time.</FONT></DIV>
<DIV><FONT face=3DVerdana></FONT> </DIV>
<DIV><FONT face=3DVerdana>5. The use of frequent bar =
stops by=20
law enforcement to let bar patrons know that there is a police presence =
and to=20
keep bars from over-serving and doing other things that contribute to=20
alcohol-related irresponsible patron behavior.</FONT></DIV>
<DIV><FONT face=3DVerdana></FONT> </DIV>
<DIV><FONT face=3DVerdana></FONT> </DIV>
<DIV><FONT face=3DVerdana>Sentencing is always a difficult =
question. I=20
think, however, it is better public policy for the prosecution and the =
judge to=20
err on the side of public safety. Also, harsh sentences=20
sometimes jolt someone to get better control of their life and in =
the long=20
run they and their families are much better off.</FONT></DIV>
<DIV><FONT face=3DVerdana></FONT> </DIV>
<DIV><FONT face=3DVerdana>Wayne</FONT></DIV>
<DIV><FONT face=3DVerdana></FONT> </DIV>
<DIV><FONT face=3DVerdana></FONT> </DIV>
<BLOCKQUOTE=20
style=3D"PADDING-RIGHT: 0px; PADDING-LEFT: 5px; MARGIN-LEFT: 5px; =
BORDER-LEFT: #000000 2px solid; MARGIN-RIGHT: 0px">
<DIV style=3D"FONT: 10pt arial">----- Original Message ----- </DIV>
<DIV=20
style=3D"BACKGROUND: #e4e4e4; FONT: 10pt arial; font-color: =
black"><B>From:</B>=20
<A title=3Dsunilramalingam@hotmail.com=20
href=3D"mailto:sunilramalingam@hotmail.com">Sunil Ramalingam</A> =
</DIV>
<DIV style=3D"FONT: 10pt arial"><B>To:</B> <A title=3Ddeco@moscow.com=20
href=3D"mailto:deco@moscow.com">deco@moscow.com</A> ; <A=20
title=3Dvision2020@moscow.com=20
href=3D"mailto:vision2020@moscow.com">vision2020@moscow.com</A> </DIV>
<DIV style=3D"FONT: 10pt arial"><B>Sent:</B> Friday, February 27, 2004 =
9:56=20
AM</DIV>
<DIV style=3D"FONT: 10pt arial"><B>Subject:</B> Re: [Vision2020] DUIs =
[formerly=20
highway]</DIV>
<DIV><BR></DIV>
<DIV>
<DIV class=3DRTE>
<P>Wayne,</P>
<P>You cannot currently disqualify a judge in any criminal case in=20
Idaho. The rule that permitted DQs has been =
suspended. =20
Therefore there is no link between a judge's fear of being DQ'd =
and the=20
sentences they hand out. One may think the sentences are too =
lenient,=20
but that's another discussion; they have nothing to do with fears of =
being=20
DQ'd.</P>
<P>DUI cases are often difficult to prove; that's why so many get=20
bargained.</P>
<P>Sunil<BR><BR></P></DIV>
<DIV></DIV>>From: "Art Deco aka W. Fox" <DECO@MOSCOW.COM>
<DIV></DIV>>To: <VISION2020@MOSCOW.COM>
<DIV></DIV>>Subject: Re: [Vision2020] highway=20
<DIV></DIV>>Date: Fri, 27 Feb 2004 08:28:25 -0800=20
<DIV></DIV>>=20
<DIV></DIV>>Sunil, et al,=20
<DIV></DIV>>=20
<DIV></DIV>>I think that Idaho DUI and similar laws and their =
enforcement=20
are way too=20
<DIV></DIV>>lax.=20
<DIV></DIV>>=20
<DIV></DIV>>I do not know about Latah County because the Daily News =
does=20
not yet provide=20
<DIV></DIV>>us the public record information about citations and=20
dispositions. But I=20
<DIV></DIV>>had at one time extensive knowledge about the three =
northern=20
Idaho counties.=20
<DIV></DIV>>=20
<DIV></DIV>>I think the sentencing is way too lax. Plea =
bargains=20
down to inattentive=20
<DIV></DIV>>driving are far, far too common. With regard =
to DUIs=20
PA's are slothful=20
<DIV></DIV>>simply lack the balls to get tough. Judges =
are so=20
afraid of initial=20
<DIV></DIV>>disqualifications and the resulting assignment to =
non-local=20
venues that DUI=20
<DIV></DIV>>sentencings are about the same as they were 30 years =
ago after=20
adjustment=20
<DIV></DIV>>for inflation. Because of the =
disqualification rule,=20
sentencing follows the=20
<DIV></DIV>>LCD of the magistrate pool.=20
<DIV></DIV>>=20
<DIV></DIV>>I think at least 10 days of jail time should be =
required for=20
first time=20
<DIV></DIV>>offenders; instead of 20 hours of community service =
there=20
should be 200=20
<DIV></DIV>>hours. 200 hours of week-end=20
inconvenience may have some real deterring=20
<DIV></DIV>>power for the first time offender. Effective =
programs need to be mandatory=20
<DIV></DIV>>for those diagnosed with drinking and other substance =
abuse=20
problems and=20
<DIV></DIV>>paid for, where possible, by the offenders=20
themselves. The counseling in=20
<DIV></DIV>>place now is a cruel joke. Stiff mandatory =
minimum=20
sentence and fines=20
<DIV></DIV>>guidelines need to be statutorily set to offset the =
effects of=20
the=20
<DIV></DIV>>disqualification rule.=20
<DIV></DIV>>=20
<DIV></DIV>>Several years ago an intoxicated Moscow woman murdered =
three=20
Native=20
<DIV></DIV>>Americans in Kootenay County in a DUI =
incident. Her=20
sentence was three=20
<DIV></DIV>>years, served not at the state pen but on week-ends at =
the=20
Latah County=20
<DIV></DIV>>jail. What kind of deterrence is=20
this? What kind of retribution for=20
<DIV></DIV>>irresponsible, murderous behavior is =
this? What=20
message to potential=20
<DIV></DIV>>offenders does this send?=20
<DIV></DIV>>=20
<DIV></DIV>>I do not know what is in place now, but a about 25 =
years ago=20
British=20
<DIV></DIV>>Columbia enacted DUI legislation that very =
significantly=20
reduced DUI related=20
<DIV></DIV>>injuries and fatalities. Failing a field =
sobriety=20
test, an offender's=20
<DIV></DIV>>vehicle was impounded and not released until the case =
was heard=20
without a=20
<DIV></DIV>>large hassle, if follow-up tests were=20
positive. Several days of jail time=20
<DIV></DIV>>were mandatory for first offenders as well as a minimum =
$2500=20
fine. Second=20
<DIV></DIV>>time offenders lost driving privileges for at least a =
year and=20
sometimes up=20
<DIV></DIV>>to five years. DWP brought immediate =
prolonged jail=20
time and another very=20
<DIV></DIV>>large fine and could lead to permanent vehicle =
confiscation.=20
<DIV></DIV>>=20
<DIV></DIV>>In Finland several years ago the third DUI brought a =
life=20
sentence in=20
<DIV></DIV>>prison. The DUI rate dropped drastically!=20
<DIV></DIV>>=20
<DIV></DIV>>These are severe measures and certainly take a toll on =
the=20
offender's family=20
<DIV></DIV>>(who do have some influence over the offender's =
behavior in=20
many cases) but=20
<DIV></DIV>>they have worked well to protect potential innocent =
victims of=20
criminally=20
<DIV></DIV>>irresponsible behavior.=20
<DIV></DIV>>=20
<DIV></DIV>>Respectfully,=20
<DIV></DIV>>=20
<DIV></DIV>>Wayne Fox=20
<DIV></DIV>>=20
<DIV></DIV>> ----- Original Message -----=20
<DIV></DIV>> From: Sunil Ramalingam=20
<DIV></DIV>> To: DonovArn@aol.com ; pkraut@moscow.com ; =
vision2020@moscow.com=20
<DIV></DIV>> Sent: Thursday, February 26, 2004 10:21 PM =
<DIV></DIV>> Subject: Re: [Vision2020] highway=20
<DIV></DIV>>=20
<DIV></DIV>>=20
<DIV></DIV>> Pat,=20
<DIV></DIV>>=20
<DIV></DIV>> Thank you for your =
clarification. I=20
commute to Lewiston daily, so I have=20
<DIV></DIV>>an interest in improvements to Highway =
95. Yet I=20
oppose the proposed=20
<DIV></DIV>>Paradise Ridge route, not necessarily for environmental =
reasons. I think=20
<DIV></DIV>>the Transportation Department intentionally offered two =
bad=20
plans, with the=20
<DIV></DIV>>goal of building the Paradise Ridge =
route. They knew=20
that the many people=20
<DIV></DIV>>who live along 95 now would mobilize and oppose that=20
option. What other=20
<DIV></DIV>>options were looked at prior to winnowing down the=20
choices? Why were these=20
<DIV></DIV>>two the 'best' choices? On winter days I =
check out=20
the ridge to see how=20
<DIV></DIV>>much fog is sitting where the proposed road will run. I =
don't=20
believe that=20
<DIV></DIV>>putting the highway up there is going to make me safer. =
<DIV></DIV>>=20
<DIV></DIV>> I wonder why they didn't include an option =
that=20
would run the highway=20
<DIV></DIV>>parallel to the state line, and connect with HY 8 =
around=20
Walmart. I realize=20
<DIV></DIV>>that some downtown merchants would oppose this, but =
would this=20
necessarily=20
<DIV></DIV>>harm Moscow's economy?=20
<DIV></DIV>>=20
<DIV></DIV>> I would like to pass this message along: =
Just=20
because it's snowing does=20
<DIV></DIV>>not mean one must drive down Reisenauer Hill at 10 - 15 =
miles=20
an hour. I've=20
<DIV></DIV>>come up behind someone doing this twice now, and it =
hasn't been=20
fun. I=20
<DIV></DIV>>wasn't going over 40 either time, but it was still =
pretty=20
hairy.=20
<DIV></DIV>>=20
<DIV></DIV>> Donovan, I find it interesting that you =
think=20
Idaho is too lax on drunk=20
<DIV></DIV>>drivers. One of the Kootenai =
County=20
deputy prosecutors recently had a=20
<DIV></DIV>>column in the Spokesman-Review attacking Washington's =
''lax"=20
DUI laws, and=20
<DIV></DIV>>complained that Washington doesn't have a felony DUI =
law; he=20
contrasted=20
<DIV></DIV>>Idaho's wonderful felony DUI statute and argued that =
Washington=20
should=20
<DIV></DIV>>follow our legislature's example. He =
campaigned to=20
be a judge in Spokane in=20
<DIV></DIV>>the last election, and I took the column to be his =
opening=20
salvo in his next=20
<DIV></DIV>>campaign. Now that you've identified our =
approach to=20
DUIs as lax, he may=20
<DIV></DIV>>have to pick a new state to champion.=20
<DIV></DIV>>=20
<DIV></DIV>> Sunil=20
<DIV></DIV>>=20
<DIV></DIV>>=20
<DIV></DIV>>=20
=
<DIV></DIV>>----------------------------------------------------------=
------------------=20
<DIV></DIV>>--=20
<DIV></DIV>> Store more e-mails with MSN Hotmail Extra =
Storage=20
=96 4 plans to choose=20
<DIV></DIV>>from! =
_____________________________________________________=20
List services=20
<DIV></DIV>>made available by First Step Internet, serving the =
communities=20
of the=20
<DIV></DIV>>Palouse since 1994. http://www.fsr.net=20
mailto:Vision2020@moscow.com=20
=
<DIV></DIV>>=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=
=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=
=AF=AF=AF=AF=AF=AF=AF=AF=20
<DIV></DIV></DIV><BR clear=3Dall>
<HR>
<A href=3D"http://g.msn.com/8HMAENUS/2746??PS=3D">Take off on a =
romantic weekend=20
or a family adventure to these great U.S. locations.</A>=20
_____________________________________________________ List services =
made=20
available by First Step Internet, serving the communities of the =
Palouse since=20
1994. http://www.fsr.net mailto:Vision2020@moscow.com=20
=
=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=
=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=AF=
=AF=AF=AF=20
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