We’d like to believe nobody is above the law and yet our legal system is far from perfect. In a story that certainly has brought about much scrutiny, a Florida judge convicted of her second DUI and reckless driving received probation, a $2,500 fine in court related fees and community service — she won’t spend a single day in jail, leaving many casual observers crying foul. Is this simply a misunderstanding of how the law works or is it something more?
Whereas a more pointed question might be what the average sentence is for second time DUI offenders in that district, it’s easy to jump to conclusions here. Do a little probing and you’ll quickly find that many states don’t actually hand down jail time for a first or second DUI-related offense. Look at the facts of the case and you could just as easily deduce the judge in this case received an average sentence — most practicing attorneys in the state of Florida would be quick to corroborate.
The bigger issue at hand is perhaps whether certain DUI-related laws are too flexible in some parts of the country. Here in Arizona, where first time offenders typically receive jail time and zero tolerance laws are in effect, it’s easy to take exception to these stories. Stiff penalties don’t always prove a deterrent and many fatalities involve alcohol; if the ultimate aim is to drive down these grizzly statistics, perhaps it’s time to revisit the drawing board for better solutions.
There’s a lesson here — the public cannot overreact to headlines and certainly requires putting these items in context before issuing judgment. For legislators, it’s long overdue that we prioritize spreading DUI awareness over stiff penalties if we truly want to drive down accident statistics. Remember not to drink and drive and to contact an experienced attorney to handle your case if arrested.
