Tell Texas: Reinstate DUI Deferred Adjudication
Tell Texas: Reinstate DUI Deferred Adjudication
The Issue
Deferred adjudication was eliminated in Texas DWI cases back in the 1980s in hopes potential jail time would scare away would be drunk drivers. But now, even MADD is supporting the change back. Could it be that MADD and Texas lawmakers alike see DWI penalties are often way out of line with the crime at hand? Not hardly. Instead, they say their support is because current laws (and the lack of a deferred option) is causing many of those first-time DWI cases to be pled down to reckless driving or other similar, non-alcohol related charges—something they don’t like.
The proposed legislation (HB 189) comes from Republican legislator Todd Smith and is getting support from a variety of angles. So, if it has mass appeal and support from MADD, it’s got to have problems right? Well, it’s definitely not perfect. Popular Texas blawgs like Grits for Breakfast are all weighing in on the bill’s shortcomings and potential promise of progress.
Among those shortcomings are the fact that HB 189 would not allow people who satisfactorily serve that probationary period to seek a nondisclosure order. This means that although you received a deferred, you would still face potential judgement from landlords and potential employers for years to come. Also, the bill requires every single deferred case to have an ignition interlock device installed. While these devices are useful in many cases, they are hardly appropriate in every single case. This fact has Attorney Robert Guest rightfully questioning “how much lobbyist cash the interlock lobby is throwing around Austin these days.”
When it comes to drinking and driving, my personal opinions are no mystery. However, progress is made one step at a time and sometimes those steps are so small they’re hardly noticeable. Is HB 189 a step in the right direction? I believe so. But, it’s far from perfect. Who knows what sort of changes will be made to the bill before it is passed, if it is passed, though a reinstatement of deferred adjudication with the option of nondisclosure and judicial discretion in regards to ignition interlocks would be ideal.
Show your support for deferred adjudication for first time DWI offenders in Texas by signing the petition below and passing it on to others.
Photo Credit: Garin Fons
The Issue
Deferred adjudication was eliminated in Texas DWI cases back in the 1980s in hopes potential jail time would scare away would be drunk drivers. But now, even MADD is supporting the change back. Could it be that MADD and Texas lawmakers alike see DWI penalties are often way out of line with the crime at hand? Not hardly. Instead, they say their support is because current laws (and the lack of a deferred option) is causing many of those first-time DWI cases to be pled down to reckless driving or other similar, non-alcohol related charges—something they don’t like.
The proposed legislation (HB 189) comes from Republican legislator Todd Smith and is getting support from a variety of angles. So, if it has mass appeal and support from MADD, it’s got to have problems right? Well, it’s definitely not perfect. Popular Texas blawgs like Grits for Breakfast are all weighing in on the bill’s shortcomings and potential promise of progress.
Among those shortcomings are the fact that HB 189 would not allow people who satisfactorily serve that probationary period to seek a nondisclosure order. This means that although you received a deferred, you would still face potential judgement from landlords and potential employers for years to come. Also, the bill requires every single deferred case to have an ignition interlock device installed. While these devices are useful in many cases, they are hardly appropriate in every single case. This fact has Attorney Robert Guest rightfully questioning “how much lobbyist cash the interlock lobby is throwing around Austin these days.”
When it comes to drinking and driving, my personal opinions are no mystery. However, progress is made one step at a time and sometimes those steps are so small they’re hardly noticeable. Is HB 189 a step in the right direction? I believe so. But, it’s far from perfect. Who knows what sort of changes will be made to the bill before it is passed, if it is passed, though a reinstatement of deferred adjudication with the option of nondisclosure and judicial discretion in regards to ignition interlocks would be ideal.
Show your support for deferred adjudication for first time DWI offenders in Texas by signing the petition below and passing it on to others.
Photo Credit: Garin Fons
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Petition created on December 30, 2010