Results tagged “DWI defense” from DUI Lawyers & Attorneys News

A man in Auburn, New York has been sentenced to one year in Cayuga County jail for driving while intoxicated. Joel Gusman, 45, has six prior DWI convictions on his record from over the past 24 years, five of which occurred during the last ten years.

In addition to serving one year in jail for drunken driving, Gusman will also be required to serve another year in jail for violating the terms of his probation for a previous DWI conviction. His second year-long jail sentence will immediately follow the first.

At the time of Gusman's most-recent DWI arrest, he was just a few weeks shy of completing a five-year probation sentence for a DWI conviction in 2003.

Judge Thomas Leone stated that Gusman's DWI record "boggles (his) mind," and that Gusman has a serious drinking problem that need to be addressed.

Gusman acknowledged the judge's comments, saying "I am an alcoholic."  

In addition to the jail sentence, Gusman is also required to pay a $2,500 fine and $270 in court surcharge fees. His driver's license was also suspended for 18 months.

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According to the National Highway Traffic Safety Administration's (NHTSA) annual traffic safety assessment for 2007, drivers with prior DWI convictions on their record, or drivers with a blood alcohol concentration of .15% or higher, pose a greater risk of being involved in a fatal DWI accident.  A NHTSA report released in early 2008 said, "drivers with prior DWI convictions are overrepresented in fatal crashes and have a greater relative risk of involvement in a fatal crash."

The NHTSA believes that DWI Courts are the best way to address this behavior and addiction. A study conducted by the Massachusetts Supreme Court in 2007 found that driver's who were sentenced to traditional probation are 19% more likely to be re-arrested for a DWI  than a driver who participated in DWI Court.

DWI Courts would provide DWI offenders with the treatment they need to stay sober and clean so they do not get behind the wheel of a car while intoxicated again. Furthermore, DWI Court would also focus on the defendant taking responsibility for his or her actions, and holding himself/herself accountable for meeting his or her personal goals and obligations to stay sober. In addition, defendants in DWI Court would also be subjected to regular testing for alcohol use, and would be required to report to a judge for a weekly progress report.

"These courts are changing the behavior of the high-risk drinking drivers," said David Wallace, Director of the National Center for DWI Courts (NCDC). "The fact that the number of fatal crashes involving these drivers has not changed is unacceptable. It is time for a change. DWI courts are the change and must be expanded throughout the country."

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