Top Story

Unconstitutional DUI Penalties

In a misguided rush to prevent DUI, legislators across the country have enacted numerous types of DUI penalties.  Some of these penalties go into effect after a charge- without giving the suspect their day in court.  Recently, one such measure was ruled unconstitutional by a judge in Montana.19

HELENA – A state judge has struck down the law underpinning Montana’s 24/7 Sobriety Program for drunken driving suspects, saying its sobriety testing fees are an unconstitutional punishment before a defendant is tried.

District Judge James Wheelis of Libby also said other parts of the 2011 law authorizing the testing are unconstitutionally vague and grant too much discretion to the attorney general and other officials in setting up the program.

“The Legislature failed to provide proper guidance or set limits to delegated powers’ authority in a number of ways,” Wheelis wrote in his Feb. 5 order, and therefore “its attempt to delegate is a nullity.”

Read more…

The truth of the matter is that DUI prevention can really only be achieved through better education and remedial programs.  More punishments is not going to prevent DUI.  DUI happens as a result of poor planning and choices.  These types of crimes are rarely premeditated.

However, state legislators have political motives often times as they try to look “tough on crime.”  Penalties make headlines- educational and treatment programs don’t.

Recent Articles

Permalink to Grandpa Driving too Slowly Causing a DUI Arrest?!

Grandpa Driving too Slowly Causing a DUI Arrest?!

Meet Grandpa Sam. Who would have thought that Grandpa Sam would get pulled over for driving too slowly and then end up arrested for DUI? He is an elderly man on many medications and has a speech impediment due to a stroke BUT, none of his medications are considered a controlled substance so how can […]

read more »
Permalink to Tougher Penalties for DUI are not the Answer

Tougher Penalties for DUI are not the Answer

DUI is a problem.  A problem that puts our families in danger.  I see a lot of people write comments and editorials who, in there concern for reducing the number of DUIs, try to remedy the problem though tougher penalties.  Unfortunately, this fails to take into account the reasons behind why people drive drunk. A […]

read more »
Permalink to Another Example of Excellence in DUI Defense

Another Example of Excellence in DUI Defense

At The McShane Firm, we don’t strive to be Good at DUI defense; we strive for Excellence.  Our performance proves that. Recently, we received some great news on a case we were working on.  After SIX YEARS, multiple orders for re-trials in a case that was heard at many levels in the Pennsylvania appellate system,  the […]

read more »