Joe Aldeguer

Joe
Aldeguer
Although prosecutors are not required to do so, they
inevitably will offer a defendant a plea bargain, which is a guilty plea in
exchange for lesser punishment. There are, of course, advantages and
disadvantages of going to trial, and much depends on the evidence the prosecutor
has against the defendant.

MADD also dismisses those who question the
use of sobriety checkpoints by asserting that “opponents of sobriety checkpoints
tend to be those who drink and drive frequently and are concerned about being
caught.” 5 MADD provides no evidence of this assertion and none has been found
in any published research study. There are, however, published reports that
opposition is especially strong among civil libertarians, judges, law
enforcement leaders and conservatives. 6

Home Owners Advocacy Centers

The law imposes the highest
burden of proof in criminal matters -- proof beyond a reasonable doubt of every
element of the offense. Judges who lower this high burden in DWI cases make it
probable that innocent people will be convicted, robbed of their liberty, their
property, and their rights. When we permit or encourage judges to lower the
burden of proof, we embark upon a slippery slope where expediency and results,
rather than justice and law, guide decisions.

Anyone suspended or
revoked for points assessed as a result of an alcohol-related conviction must
meet the following reinstatement requirements:

1. Pay a $45
reinstatement fee.
2. File and maintain proof of financial responsibility
for two years from the suspension or revocation date.
3. Provide proof of
successful completion of a Substance Abuse Traffic Offender Program (SATOP) or
comparable program. The Division of Alcohol and Drug Abuse will send this form
directly to the department after the program has been completed. Any questions
regarding SATOP comparable programs should be directed to a certified SATOP
Offender Management Unit or the Division of Alcohol and Drug Abuse at (573)
522-4020.

Any driver revoked for at least one year is also required to
take and pass the complete driver examination and apply for a new license at
proper fee.

Home Owners Advocacy Centers Research indicates that
breath tests vary at least 15% from actual blood alcohol concentration. At least
23% (that's about one out of every four) of all individuals tested will have a
BAC reading higher than their actual BAC. 1 Therefore, many people convicted of
DUI/DWI simply on the basis of a breath test results alone will be innocent
drivers who are falsely convicted.

It’s important that drunk drivers,
and especially hard core repeat offenders be convicted and/or receive
appropriate treatment. But it’s also important that innocent drivers not be
falsely convicted of DWI/DUI.

In a separate Iowa case, data from the
device was also excluded from evidence. The defendant argued that if the state
convicts people of DUI and takes away their liberty, then the evidence used
should at least be accurate and reliable. Otherwise innocent people can be
unfairly convicted.

It’s important to convince drunk drivers, but it’s
also important to prevent the innocent from unjust conviction and punishment for
a crime they didn’t commit.

For more information visit: Joe Aldeguer or Home Owners Advocacy Centers