a public defender

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The Windypundit (sorry Mark, but I like calling you that!) writes here about what he considers to be evil suspicious reasons for legislation.

Another example of a free punishment is suspending someone’s driver’s license. To the person who loses their driving privileges, it’s a disruptive life change, but to the government that does it to them, it’s just a database entry and a form letter. So any time politicians want to “get tough” on drunk drivers or parking ticket scofflaws they just tack on a license suspension or increase one that’s already there, because they pay no cost for doing so.

It’s not that there aren’t good reasons for taking away the licenses of drunk drivers and keeping violent felons from owning guns. However, as long as doing so doesn’t cost anything, there’s going to be a temptation to punish too much, just because we can.

It’s a good time to remind my CT readers about the awful DUI bill the legislature passed this past session. Miranda gave us the highlights:

2. Evidence of BAC is admissible now, even if police failed to (a) “comply strictly” with the requirements of the statute, as long as the state can establish good cause, which includes showing that “the alleged failure does not materially affect the validity of such results”; and/or (b) provide our clients with a reasonable opportunity to contact an attorney before consenting or refusing to perform the requested test.

5. To be considered as a multiple offender, the state can look back over your entire driving record, not just the last 10 years. For example, if you were convicted for DUI at 21 and get convicted again at 50, you will be a second offender, where you used to be considered a first offender.

7. And, perhaps my favorite part, for third offense and beyond, the state will order forfeiture of the vehicle you were driving at the time of the offense, as long as you were the legal title holder of the vehicle. The state will then sell the vehicle at auction to fund the Criminal Injuries Compensation Fund. Please note that your car may also be forfeited if your license is suspended for DUI (even ABSENT any conviction) under certain circumstances. Further note, if convicted of Manslaughter in the second degree with a motor vehicle or Assault in the second degree, the state can order forfeiture of the vehicle involved even if the operator did not have legal title to it. For forfeiture to apply, the operator need only have “lawful possession” of the vehicle. Be wary of lending your car out!

If I am pulled over, hauled out of my car with no explanation, immediately placed under arrest for DUI and refuse to take a breath test without first speaking to an attorney, my license will be suspended, and I cannot do anything to stop it. The police report need not justify the stop or the officer’s reasons for believing I was under the influence.

There’s other equally bad stuff. Make sure you read the entire post.