tag:blogger.com,1999:blog-6621691715090523319.post5478392742352394731..comments2023-10-08T04:12:46.273-05:00Comments on The Political Environment: Legislators Fail Bukosky Family, Public On OWI ReformsJames Rowenhttp://www.blogger.com/profile/10203270946492159686noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-6621691715090523319.post-58928492042031646012009-04-14T22:36:00.000-05:002009-04-14T22:36:00.000-05:00If you really want to have any idea of what is goi...If you really want to have any idea of what is going on in OWI law, one should start by checking out the Center on Impaired Driving at the UW Law School. Not only does this Center have up to date information on Legislative information, it also has information on current case law.<br /><br />First and foremost, the Wisconsin Circuit Court system, as well as the District Attorneys who prosecute offenders barely have the capacity to deal with the current case load. Many of the civil forfeiture level first offenses end up in municipal traffic courts which takes a great burden off the circuit courts. Additionally, the portions of forfeitures which are returned to the municipalities who write first offense tickets is no small drop in the budget for law enforcement.<br /><br />Wisconsin is a drinking state, and societal change is the only thing that will truly reduce the problem. To use a terrible phrase, you can't swing a cat in most places in Wisconsin and not hit someone who has been caught drunk driving. It's unfortunate, but do you want all of those people to be labeled as criminals because of a drunk driving conviction? I'll agree that drunk driving is probably more dangerous than anything else out there except playing with a loaded gun, but again, a change in the penalties will not change the behavior. Just as the death penalty doesn't have a measurable deterrent effect, drunks don't (and more likely can't) think of those penalties when they put the keys in the ignition.<br /><br />Some ideas: Bars serving one less drink, or taking keys from a drunk patron - until the patron becomes belligerent (which bar owners don't want in their bar). Or how about people around the drunk keeping him from his car? But again, that tends to provoke problems, and no bar owner wants repeat problems in their business, even if they are doing the right thing for the right reason, it loses business.<br /><br />As far as road blocks go, I think it's a great and terrible idea. You are right, in regards to driving, in the state of Wisconsin, it is a privilege, not a right, so the legislature could make a statute allowing this. Would it be challenged in court? You bet. Is it a winner in court? That depends, but based on my understanding of Constitutional law, I have my doubts. <br /><br />In the long run, I think the better answer to this would come from your local law enforcement chiefs and sheriffs. Law enforcement is spread thin, and there's little enough money for overtime and extras in a flush economy much less the current climate. Some places might have good luck if they have the staff to run special units. Some places are busy enough that their normal call volume puts them into overtime. If they had the option, it might never be used.<br /><br />Oh and in Wisconsin, red-light cameras and photo radar are not allowed.<br /><br />I apologize for posting anonymously, but I'm in Law Enforcement, and I don't need my in-box spammed.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6621691715090523319.post-65218215675011196602009-04-10T08:51:00.000-05:002009-04-10T08:51:00.000-05:00I'd have to search everything I have written about...I'd have to search everything I have written about this issue to see where I wrote about it.<BR/><BR/>Regardless, I think that under certain circumstancs, they are smart and legal, as the Court said in the decision you cite, which was 6-3.<BR/><BR/>I understand the search and seizure issues - - but is a speeed trap with radar any less invasive and constitutionally problematic? Or those ticket cameras?<BR/><BR/>I think these are legal because the state licenses drivers, so driving is a privilege and rules are laid down ti restrict one's freedom to drive.<BR/><BR/>If I were writing a list of changes into Wisconsin OWI law and enforcement practice, limited and targeted checkpoints would be far down my list. <BR/><BR/>Towards the top:<BR/><BR/>Making a first offense a misdemeanor, and a third a felony. Maybe even a second: I'm not sure.<BR/><BR/>I'd spend heavily on education and treatment, but I would remove repeat offenders much faster from the roads.James Rowenhttps://www.blogger.com/profile/10203270946492159686noreply@blogger.comtag:blogger.com,1999:blog-6621691715090523319.post-10388786886743372872009-04-10T07:33:00.000-05:002009-04-10T07:33:00.000-05:00Having been involved in public policy for decades,...Having been involved in public policy for decades, your skill at rational appeals is clear.<BR/><BR/>Just once, though, I would like you to respond to Justice Brennan's objection to police roadblocks [as sobriety checkpoints that you advocate along with many] that "stop all cars and inspect all drivers for signs of intoxication without any individualized suspicion that a specific driver is intoxicated". <BR/><BR/>Brennan's dissent, joined by Justice Marshall, can be viewed at:<BR/><BR/>http://www.law.cornell.edu/supct/html/historics/USSC_CR_0496_0444_ZD.html<BR/><BR/>A long time coming for you to the jurisprudence and constitutional analysis of Justice Rehnquist.MALhttps://www.blogger.com/profile/05503524741573516284noreply@blogger.com