For some people the Christmas and New Year holidays were a little too happy; 792 arrests were made in Santa Clara County for DUI during the seasonal crackdown from December 14 until January 1, up from 716 last year. There were 165 arrests in San Jose and one death in the county related to drunk driving, down from four last year. That may seem like a lot of arrests, but I wonder how many drunk drivers didn’t get caught?
If you are thinking that the arrests thankfully got those 792 drunk drivers off the road for a time, think again. One 19-year-old Morgan Hill resident, Anthony Maher, was arrested three times during the period for DUI—with blood alcohol levels of 0.08, 0.20 and 0.21—and released all three times to drive again. As is usual, each offence was booked as a misdemeanor, Maher’s driving license was taken away and he was issued a 30-day temporary license. I guess each time he got arrested he got a few extra days of driving on a new temporary permit.
What kind of madness is this? This adult/child is underage. He was arrested three times and the last two times his blood alcohol was extremely high. He must have been too drunk to see. Yet, he is let out free to do it again and does. I am thinking that this is common; it’s just that it’s unusual for someone to get caught again.
The penalties can be tough, but how often are they imposed at a level necessary to teach the offender a lesson? The first offence brings a fine of $1,400-$1,800 and four days to six months in jail. The second and third offences bring a fine of $1,800-$2,800 each and a jail sentence of 90 days to a year for the second time and 120 days to a year for the third time. The driver’s license may be suspended for a period of up to five years total for three convictions and the driver is required to take classes. Then there is the increased cost of insurance, etc. Many convicted of DUI also have to do several months of public service, like picking up litter along the roadways. The fourth conviction is a felony.
If Maher gets a maximum sentence, it would mean $7,400 and 2½ years in jail. But will he and should he at his age? And what about the fact that he is an underage drinker? How should this factor into his sentence? Maher obviously has some serious problems that need attending to and those problems are now our problems. How should they be dealt with in this case? How do we get drunk drivers off the road and keep them off and make sure they do not commit the offence again? One thing seems obvious: once a person is arrested for DUI, their license should be suspended immediately and there should be no temporary one.
It’s difficult enough for a conscientious, law-abiding citizen to drive these days given the lack of courtesy and attention on the roads. Last Sunday afternoon, I was passed on the right on 680 by a woman going at least 85 mph in a monster SUV with a cell phone in one hand and a giant coffee in the other, tailgating and weaving in and out of four crowded lanes. I have no idea how she was steering. This very common occurrence scares me, but the thought of some of these same drivers being drunk as well is truly frightening. The very sparse coverage of the CHP means that dangerous and bad drivers, drunk or sober, get away with it almost 100 percent of the time. Something has to be done, but what?
In the meantime, I think Anthony Maher needs a good long stretch of nights in a cell and days out on the roads in an orange jumpsuit picking up beer bottles and cigarette butts. In between, he should get tough counseling for his alcohol problem.
Jack,
anthony doesn’t have a problem with his drinking. You have a problem with his drinking. He is perfectly happy drinking.
You should move to Mayberry. You don’t belong in the Urban wanabe jungle of San Jose.
Penalties are tough enough for first-timers. They’re not for repeat offenders. Some obviously don’t get the message. I’ve known some people with DUIs and they were pretty much scared straight the first time. Every offender should experience that.
Today in the paper it said that the Morgan Hill police could have booked him but they would have had to drive him all the way up to San Jose. Sounds like a case of lazy policework. Glad that they would rather release him 3 times rather than make that long 20 minute drive. And what adult did they release this kid to? Sounds like they went to the parenting class held by Britney Spears mother!
Jack:
One wonders how many times a person has driven drunk for every time they get a DUI. If we really want to get serious about this, sentence people to 30 days home confinement, even for their first offense. Most people would fear losing their jobs if they received such a punishment. Think about it, this would create a HUGE incentive to control your alchohol intake. If you want to get bombed, stay at home!
Pete Campbell
Other countries do not tolerate driving under the influence nearly to the extent we do, and people in those countries respect those stiffer laws and penalties.
We can whine, complain, piss-n-moan and read about the carnage year after year. But correcting this is a matter of political will. If M.A.D. put a measure on the ballot to triple the penalties for a DUI, it would be interesting to see how much money would be spent by who to fight it.
We are Americans living in the land of the Free and Brave… Free to drink and Brave to drive.
A friend of my father’s in L.A. and his three sons were all DUI lawyers. They did about 1000 cases/year throughout SoCal. One client was arrested 13 times before he served a day in jail.
So, although we still have a ways to go yet, we have come a long way since the ‘70s.
The problem with house arrest is that the offender loses his job. There is now an ankle bracelet that a convicted person can be sentenced to wear which can detect alcohol through the skin. Brtiney Spears and Lindsay Lohan definitely need one. It is so sensitive even perfume can set it off. But it is a way to keep people who do not re-offend in their jobs, and bust the ones that do re-offend.
Love that Mayberry comment! Yes, this is a big city and we are all adults (for the most parts), Yes its dangerous out there and nothing works better than one who is conscientious and careful. The laws have done little but bring grief to many and a lot of revenue to county/state and lawyers. Something needs to change and change comes from within however that ain’t gonna happen with some of these people. I don’t have an answer but I know it isn’t roadblocks, nor making criminals out of average folks with weaknesses or cops parked outside of bars (nice waste of expensive city resources and our money-Santa Clara). It is true that other countries don’t have this problem to the extent we do. What ever it is, it needs to start early in people’s lives. My answer is simple, I just don’t drive when I’m drinking.. Funny how the rich don’t get this. They can afford limosines yet choose not to. Cabs are cheaper anyday. Good Luck!
I have 2 DUIs (1 pending) and I must say a third is out of hand. Even though myself and I’m sure many others feel like they have controll behind the wheel, I believe it’s was ignorance that brings us to this. Its illigal plain and simple and has caused many deaths.
A point I must make is that the penalties are enough. The experience of a DUI is degrading and dehumanizing. The fines will make it hard to carry on a normal life for anybody. The penaties get harsher and harsher for a reason.
This guy will have an interlocked divice manditory in his car for 5 years or so, so I think he’ll be a good boy. We are human after all, so imperfect in every way. Your right though, there are thousands of people who get away with drunk driving every day, but thats what you get when you allow these big shiney clubs and bars to sell liquor on every corner in downtown. Some people don’t have good influences in their lives and some people aren’t fortunate to have a good life with money and social status, we get the shit end of the stick.
Driving in general causes environmental damage and so many deaths each year. I’m perfectly happy with my bike and the train.