Computer Connectivity and Putting 40 Something’s in Jail for Stuff they did in there 20s

Me ^ | Friday, August 30, 2002 | FoxPro

[FoxPro]

Computer Connectivity and Putting 40 Something's in Jail for Stuff they did in there 20s

I am 40 years old, and I am doing OK. I just have one little problem, to get my drivers license back; I may have to do thirty days in jail. Let me explain.

Five years ago I was in Ohio, where I lived for several years. I haven't lived there for 12 years now. I went to a restaurant that serves the best margaritas in the world. I had several. I planned on sleeping them off in my car. The owner came out about 3 AM and informed me that I would have to move my car, or be towed. Not having much choice, I pulled out of the restaurant lot looking for a place to sleep it off. That's when they nailed me, my first and only DUI.

After getting out of the drunk tank, I went to my brothers house, and for some strange reason he knew the owner of the impound lot where they towed my car. We sprung the car with a $20 bill, and I was out of Ohio and back home in 8 hours. Since the Ohio police confiscated my driver's license, I went down to my states DMV, got a new license, and thought all was well with the world.

Well not exactly. It seems that the federal government has this database system that you don't want to be in. If you get your drivers license suspended in any state, it is also suspended in every other state. The only reason I was able to get a license for five years is that I got to the DMV before they could key in my social security number into something called the "National Drivers License Compact Database". So I essentially beat the system for a few years. My driver's license has now expired, and they will not issue me a new one in my current state of residence (or any other state for that matter).

In order for me to get a license I have to go back to Ohio and face the music, and spend a weekend in the DUI program. I figure I did the crime, so I will do the time.

This is where things start to get really interesting, and scary. I started by calling the county court system where the DUI was issued. They informed me that I should drive over to this county in Ohio, go through arraignment, and settle the score. Then the clerk informed me that if I did this, I would probably end up doing 30 days in the county jail. Well of course this just floored me, but the 30 days had nothing to do with the DUI, It had to do with the court systems ability to now communicate with other Ohio court jurisdictions. Let me explain.

15 years ago I punched some guy for harassing a nice girl at a friendly beer keg gathering. I was 25. They guy filed charges. I received a $100 fine. That was fine with me, I just wanted to plead guilty and be done with it. Apparently, I didn't notice that the judge gave me a 30 day suspended jail sentence for a probationary period of 3 years. Since that didn't immediately affect me at the time, I forgot all about it, I was just relived to get it over with.

Well, lets go 2 years after this (I am now 27 years old) where I found myself in a grocery store, in a different Ohio county. My arms were full of stuff I was planning to buy, so I stuffed a couple of things in my coat pocket, so I could get them to the checkout. Well the store security nailed me for shoplifting, called the cops and I end up in court again. After explaining to the judge that I didn't actually take anything from the store, they dropped the charge down to something called "abuse of property". Little did I realize that by pleading guilty to this and paying a minor fine (I think it was $25) I had technically triggered a probation violation from 2 years before. Again, I just wanted to get out of there, and be done with it.

Well now we come back to today, and guess what, the county that I punched the guy in court systems computers now have the records for all the other counties in Ohio. So if I show up in court my probation violation shows up, and there is a distinct possibility of me being sent to jail for 30 days for something that happened when I was just a kid.

I have talked to several lawyers about this, and nobody can tell me whether a judge would actually impose this sentence from 15 years ago. It seems to me that the sentence should have been imposed 12 years ago, when the probation violation took place.

Should I potentially lose my job, my house and possibly my marriage over this? Isn't this going a little to far?

Is there anybody out there who has been caught by the cross jurisdiction computer connectivity conundrum?

[Pure Country]

Why not get an International Driver's license? I hear that surpasses all that kind of stuff. Anybody out there know if that is true?

[FoxPro]

I think they have that wired in now also. I was actually thinking about moving to europe to avoid the jailhouse beatings, sodomy and potential Aids infection.

[CHICAGOFARMER]

YEP got one. It worked really well before 9-11. Never had to use it after 9-11.

[eastforker]

Yes I have,not quite to your extent but yes,and it is disgusting as far as I am conscerned.This nation has become a nation of list,blacklist and lets try to pin a felony on the guy so he can't own a gun and after the recent K-mart shenanigans ,it's more like,get as many as you can into the database so we can track them.

[CatoRenasci]

Go do your 30 days, be glad its only misdemeanor and get on with your life.

[Husker24]

How could you lose your house or marriage over this, its only 30 days.

[eastforker]

I don't know about foxpro many can lose their jobs over a misdeamenor.

[FoxPro]

In this economy, there is this domino effect. Jobs are very tight, especially for us high tech folks. Loss your job, and things just start falling apart all over again. Been there and don’t want to go there again.

[OrthodoxPresbyterian]

How could you lose your house or marriage over this, its only 30 days. 7 posted on 8/30/02 5:14 PM Pacific by Husker24

Some folks do live paycheck to paycheck, Husker. Maybe Fox is in that situation. There is nothing wrong with that!! We all, even the hardest-working, sometimes go through lean years on our way to the fat years.

However, if that is the case, 30 days mught be a REAL inconvenience.

The problem here is "multi-year suspended sentences". Justice should be immediate and final. If a crime is worth punishing at all, it's worth punishing right now and let the guy get on with his life 15 years later.

[FoxPro]

You have to have a valid drivers license to get an IDL.

[OrthodoxPresbyterian]

That said (my #10), you should probably plead for some gratis Counsel from the legal beagles here on FR. This kind of minor dust-up might be beneath Harbour and Pardek's "pay scale", but you might be able to wheedle some advice outta them pro bono if you ask nice. ;-)

[watcher1]

This nation has become a nation of list,blacklist and lets try to pin a felony on the guy so he can't own a gun

You Will Obey!!!

Long Live Big Brother!!!!!

Barf!

[eastforker]

Here is the problem.Local jails receive funds from the state when someone is incarcerated.To put it simply,the county makes money if they put someone in jail.My son was put in jail for six months for a drug charge he did not commit.His bail was extraordinary and did not want me to bear this.They finaly let him out and dropped all charges,reason,no evidence.They kept him in there so they could receive state funds.By the way,the DA owned the jail building and leased it to the county,tell me that ain't sick.

[OrthodoxPresbyterian]

Here is the problem.Local jails receive funds from the state when someone is incarcerated.To put it simply,the county makes money if they put someone in jail.My son was put in jail for six months for a drug charge he did not commit.His bail was extraordinary and did not want me to bear this.They finaly let him out and dropped all charges,reason,no evidence.They kept him in there so they could receive state funds.By the way,the DA owned the jail building and leased it to the county,tell me that ain't sick.

I'm sorry, eastforker; I do not support the State prosecution of non-violent drug offenses allegedly committed on Private Property.

I think that taxpayers have a Property Right to kick drug dealers off of sidewalks and school grounds paid for by our tax-dollars, but if the alleged "offense" was committed on Private Property I do not believe that it should have been prosecuted at all.

Other than that, I am not sure what to say in your son's case. :-(

[eastforker]

The key is,they had no evidence and no probable cause,period.It's a money thing ,it makes there job more secure.

[glorgau]

15 years ago I punched some guy for harassing a nice girl at a friendly beer keg gathering

Doesn't sound like a completely friendly gathering. :-)

[IronJack]

Sounds to me like you have an awful lot of "accidental" brushes with the law.

[Pistias]

Ain't centralization a b!tch?

[Beach_Babe]

I wish you luck.

My daughter got into a nasty situation moving from New York to Florida. She failed to return her car tags to NY upon getting new Florida plates. NY suspended her driver's license, but what did she care (she was young and foolish)...she already had a new Florida driver's license.

At the time she was living in the boondocks near the Florida/Alabama border. Other than her infant son she had no family or friends nearby. Her husband was a commercial fisherman who was often away for weeks at a time. She had to use her car (actually, a nice classic pickup) to get food, etc.

She was pulled over several times, she was an easy target for the redneck sheriff. And it was always for something minor...broken tail light, etc. Her name popped up in the National Drivers License Compact Database and she was ticketed for driving with a suspended license. Little did we know, but if this happens several times (3 or 4?), it turns into a felony!

Well, to make a long story short: she served close to 3 months of a 6 month sentence in the county jail, it cost me a fortune in lawyer's fees, and now, because she is a hardened felon, it's illegal for her to possess a firearm to protect herself.