Posted on 04/10/2006 1:12:30 PM PDT by Rakkasan1
ST. PAUL - Despite a tough law designed to get chronic drunken drivers off the roads, more than 40 percent of felony DWI offenders avoid prison time and instead get sent to county jails for a year or less, according to court records.
Prosecutors say judges aren't handing down tough enough sentences, as they had hoped when the law took effect in 2002. In 2004, 43 percent of 222 DWI felons got a year or less in jail, according to statewide court data.
From the start of the law through mid-2005, 41 percent got less than three years in prison, the Minnesota Department of Corrections said.
"The judges unilaterally are engaged in a pattern of undermining the public's will as to how dangerous this crime is," Ramsey County Attorney Susan Gaertner said. "I don't understand why, approximately half the time, the judges are giving these felons yet another break."
"That's not what we intended," said Minneapolis police Capt. Rich Stanek
(Excerpt) Read more at grandforks.com ...
It is redundant to use in the same sentence.
I am not saying that this isn't a serious issue (it most certainly is). My point is rather, that if this is such a danger, there should be a zero strike rule; get caught, and it is felonious.
The fact that it is not, and we constantly hear about recidivism with respect to DUI/DWI cases. Leads one to believe that 'the system' doesn't WANT to have these people behind bars.
Just my 1/50th of a dollar...
if we had 0 strikes we'd have no non-felon legislators.
Our legal system has been ruined by yahoos stirring up panic and passing mandatory sentencing laws such as this.
Sentences should be passed down by judges / juries, not politicians. When these hack prosecutors and the zealots at MADD complain, that's a good thing.
You say that as if it wer a bad thing... ;)
I think after the fourth time most would agree a little prison time is appropriate.
it not series till a judge's kid is killed by a drunk. then it's series.
it not series till the sex offender live in the judge's neighborhood. then it's real series.
Nah, a little prison/jail time is appropriate on a second conviction. A fourth conviction deserves some fairly serious jail time.
I think so too. But, I don't know anything about any individual case. That's why we have judges and juries. Laws like this are mob justice and the reason more Americans are in prison than China and Russia combined.
When a person is caugh drunk driving, impound the car and confiscate it. Afdter making payments on a debt and no car they will wake up soon enough.
I post this every so often when the message seems relevant, sort of as a memorial to Mom, as well as to let people know what the justice system is really like.
December 5th, 2001, my mother, Shirley Norkunas, was killed in a car wreck. She was on her way to a Dr.'s appointment. The roads and weather were clear, it was about 9 in the morning, the place was just south of Superior, WI on State Hwy 35. She was driving north toward Superior.
A fellow named Thomas Frankot was heading south that morning, driving on a suspended license. He apparently fell asleep, crossed into my mother's lane, she was killed instantly in the resulting crash.
Thomas Frankot lived. He is essentially judgement proof, with very few assets.
He, after much wrangling, finally pled guilty in September 2002 to driving after suspension and driving left of center.
Previous relevant citations (there are half a dozen or so others). You can find them at the following website-
http://wcca.wicourts.gov/index.xsl
DWI
DWI/OAS (Operation After Suspension)
OAS
No Valid License
OAR (Operation after Revocation)
OAR
That was six offenses BEFORE he killed Mom, so you know he was really in trouble this time.
Was he ever.
He was fined $363, license suspended for six months, and given sixty days to pay.
That's not even the funny part.
He has not paid the fine for driving with a suspended license, even though over four years, much less the sixty days have lapsed.
I asked the clerk of courts what happens when the fines aren't paid.
They suspend his license.
Now, that's justice for ya.
Sorry for your loss. While I am not an anti-DUI fanatic (a subject for another day), this guy should be doing hard time.
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