Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Why drunk driving punishment should be more severe
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Why drunk driving punishment should be more severe
Like many in Florida, you may believe that first time driving under the influence, or DUI, charges are typically misdemeanor offenses. If you have been charged with drunk driving, however, you may know that a DUI offense may by upgraded to a felony. Felony offenses typically carry much harsher penalties than misdemeanors. To help protect yourself from heightened charges, it is helpful to understand when drunk driving charges become felony level offenses in the state of Florida. There are numerous factors, which may enhance DUI charges to felony level offenses. This includes your prior record. If you have been convicted of DUI twice within a 10-year period and are arrested for drunk driving again, you could be charged with a third-degree felony.
A fourth, or subsequent, drunk driving arrest could also result in a felony charge, According to the Florida Department of Highway Safety and Motor Vehicles, you could be sentenced to up to five years in prison if convicted of felony DUI. You could also be fined up to $5,000. Sometimes, you may be accused of drunk driving after being involved in a collision. Under Florida state law, if you were under the influence and caused a crash resulting in serious bodily injury, you could be charged with a third-degree felony. The potential penalties for a conviction of this offense are the same as those allowed for prior convictions. If you are involved in a fatal collision, and are believed to be intoxicated, you could be charged with DUI manslaughter or vehicular homicide. Depending on circumstances, including whether or not you remained at the scene, these offenses could be charged as second-degree or first-degree felonies. You could be fined up to $10,000 if convicted of a second-degree felony, and be sentenced to as many as 15 years in prison. If you are convicted of a first-degree felony offense, you could be fined up to $10,000 and sentenced to a maximum of 30 years in prison. This post has provided a general overview of felony DUI charges in Florida. It is important for you to keep in mind, however, that the circumstances of each case are unique. As such, you should consider this post only as general information, and not as legal advice.
They have been excluded from voting because they have been convicted of a felony. A felony is usually considered a crime. that could lead to more than a year in prison. But states can often have differing views of what is considered a felony or a misdemeanor. Such an important right should not be subject to the whims of state legislatures.
Prosecutors are getting less and less reluctant to tag on felony charges. David Brooks is a professor Yale University and teaches criminal justice. David Brooks explains that prosecutors “have gotten a lot more aggressive in bringing felony charges,” stating that felony charges carry a longer prison sentence than misdemeanors. When a felony charge is used, the judge can give any term sentence because the “mandatory minimum” sentencing will be voided. Mandatory minimum sentences are the least amount of time that a convicted inmate must serve for his sentence. In the past, minimum sentencing laws were useful due to the fact that crime rates wer...
While drunk drivers who cause injuries or deaths may spend some time behind bars as punishment for their actions, for their victims the accident can often be a life sentence. Drunk driving has lifelong ramifications for those who are injured and who must live the rest of their lives with pain, disability, isolation, medical bills, or the loss of loved ones. While drunk-driving offenders can usually reclaim a normal life after their eventual release from jail, victims may never regain the normalcy that was taken from them so abruptly.
The Major Crimes Act was an important piece of legislation regarding the jurisdiction of Indian tribes on U.S. soil, and was passed on March 3, 1885. It was one of the concluding sections of the Indian Appropriations Act of 1885, which sought to deal with Indian American relations of the latter-19th century. The Major Crimes Act law was passed by Congress, following the General Crimes Act of 1817. The Major Crimes Act expanded on the General Crimes Act by detailing what could constitute as a crime under the federal jurisdiction of the United States if they were to be committed by a Native American in a Native American territory. It also added the caveat that crimes committed between two Native Americans would also count under federal jurisdiction
Misdemeanors are crimes that are typically punishable by no more than one year of local county jail time and have no more than a $1,000 fine. Misdemeanors can range from very minor to very severe. Misdemeanors are less severe Crimes that are considered misdemeanors include DUI’s, petty theft, driving with a suspended license, vandalism, prostitution, possession of drugs, not allowing an officer to search or inspect, failure to stop if law enforcement is trying to pull you over, refusing to show your license to a police officer, causing injury with a motor vehicle when driving with a suspended or revoked license, hit and run, driving in the wrong direction, drag racing, throwing an object at another vehicle on a freeway, failing to install a court ordered ignition interlock device within the 30 day grace period, and reckless driving. Misdemeanors typically proceed with an arrest, an arraignment, a pretrial and then a court or jury trial. During the arrest stage you will be taken to jail. The jail will do one of three things, either you will be let out of jail with no charges fil...
The term criminal desistance refers to when offenders desist, or stop, committing crime. Desistance from crime exists when an individual has an absence of criminal behavior in their lives for a sustained period of time. By studying desistance, a better understanding of what causes individuals to commit crime is created; as well as, a better understanding as to why certain individuals discontinue their lives of crime. The criminal justice field often encompasses, serving justice by locking people up and keeping the “bad guys” away from the general public. Little thought was given as to what can be done in order to help prevent people from committing crime, until more recent years. Most criminological theories attempt to explain why people commit
A suspect can be convicted of many different crimes, but the crimes that are the most interesting are called inchoate offenses. An inchoate offense is a type of crime done by taking a illegal step to the commission of another crime. The inchoate offenses are attempt, solicitation, and conspiracy ("Inchoate offense | Wex Legal Dictionary / Encyclopedia | LII / Legal Information Institute", n.d.). Solicitation is one of bottom inchoate offenses, meaning that it does not take much for a suspect to be found guilty of solicitation. Prosecutors must be able to prove two things to be effective in convicting a suspect of solicitation ("Criminal Solicitation Law & Legal Definition", n.d.). The first thing a prosecutor must prove is that a person commands another person to commit a crime. The second thing a prosecutor must prove is that the person who is commanded to commit the crime will actual commit the crime so there will need to be a specific intent ("Criminal Solicitation Law & Legal Definition", n.d.). When being charged with solicitation the other person can be charged with conspiracy. “Conspiracy is a more serious charge than solicitation as well, so if the other person does agree, the individual soliciting the crime will likely be charged with conspiracy rather than solicitation” ("Criminal Solicitation Law & Legal Definition", n.d.).
Knowing that their license will be revoked on their first crime would make them think of the consequences before going behind the wheels. According to the National Highway Traffic Safety Administration, first time drunk drivers are subjected to license revocations which varies from state to state and ranges from ninety days to a year. While those who earn their second or third DUI conviction face having license revoked for another two to five years. Nevertheless, National Highway Traffic Safety Administration has confirmed that about fifty to seventy percent have continued to drive without license. Out of the thirty-three percent of people who has revoked license about twenty percent them are repeated offenders. (NHTSA, extent of driving) Looking at this statistics surprisingly people still drive drunk after being caught once. People who have been convicted more than four times are given probation and then their license are given back to them. The law is too lenient, and the law enforcement are not rebuffing these people to the full extent, which gives people the motivation to do it again. I think people will learn their lesson if a first time offender’s license is to be revoked for at least five to ten years, and for second or third time offenders, permanent license revocation should be made mandatory. Possibly, people will start to understand the consequences they will face if caught driving under the
Your disability occurred, or was made worse, while you were in prison on a felony
Each year, numerous people are arrested on suspicion of drunk driving in Fort Myers, and elsewhere. In fact, the Florida Department of Law Enforcement reports that there were 42,745 DUI arrests across the state in 2014 alone. Often, people are concerned with the possibility of jail time, or having their driver’s licenses suspended following such arrests. However, there are a number of additional costs associated with DUIs, which are often overlooked.
If you are caught drunk driving you could spend up to six months in jail if you don’t crash or kill anybody. If you kill someone you could be given a felony and spend years in jail. I know that most people don’t want to go to jail, but if you get a breathalyzer your car won’t start and you won’t have to get in trouble with the cops. Breathalyzers could keep you out of jail.
Drunk driving is extremely impactful on the lives of you and others. While drinking and driving, you are not just endangering yourself, you are also endangering the lives of others. The driver of the car does not just control the car with their hands and feet. They need their brain to function properly so that you are able to react to objects on the road quicker and control the car. If you drink then drive/ drink while driving. Alcohol affects your brain in many ways that inhibit your ability to drive. Alcohol will affect your reaction time, it slows your reflexes which decrease your ability to react to objects on the road. It affects your vision, in can impair your color perception, and night vision. It slows down the movement in the muscles in your eye causing your visual perception to change. Alcohol affects your ability to track. You will not be able to judge the position of cars ahead of you, you won’t be able to judge the
Reckless driving is extremely dangerous and is considered to be anyone who is driving with carelessness and/or who has no regard for the safety of others on the road. Reckless driving is considered to be a misdemeanor. A misdemeanor is a criminal act that is less severe then receiving a felony. Your punishments are also not as severe as penalties. Penalties for reckless driving include fines of up to $1,000, jail time, getting your parole revoked, two points on your driving record, insurance rates to go up, insurance can be cancelled and/or license suspension. Reckless driving includes speeding, not using signals, not using your headlights, disregarding traffic signs and signals, distracted driving, drag racing, and using a cell/smartphone while driving. In some cases a DUI can be deemed a “dry reckless”, which means the person was driving with disregard for others on the road. This charge is less serious then a DUI charge. If you have been pulled over for DUI and believe that it could be reduced to a “dry reckless” you should contact an attorney right away. Drag racing or a speed co...
Drunk driving is a hot topic in today’s media, because it is very important not to drink and drive. Traffic accidents are mostly caused by people driving under the influence, between the age of 15 and 29, DUI is one of the main causes of death. Drinking has a bad side effect it could possible damage or even kill a liver The illegal crime may not involve actual driving of the vehicle, but rather may generally include being physically in control of a car while intoxicated even if the person charged is not driving. Alcohol affects you in a way that changes your decision, depth awareness as well as important motor skills required to drive safely. It’s easy for them to think that they are driving normal when truly they are not. When the police take sign you could be hit with a DUI/DWI. This is the best case situation. Getting into an accident your life could be lost as well as any others
In Intro to Criminal Justice class, I had the opportunity to learn about the Criminal Justice System more thoroughly. I learned that there are three components that make up the Criminal Justice System such as the courts, law enforcement, and corrections. Each component has its own role in making sure the the Criminal Justice System is functioning properly. If one of these components are not efficient the Criminal Justice system will not be as strong as it could be.