CREATIVE SENTENCING IN DUI CASES
A Florida judge known for his creative sentences is trying to find a way to educate, and not just punish, DUI defendants. Judge Carmine Bravo is ordering defendants convicted of misdemeanor traffic offenses to write a 500 word article about individuals who are memorialized on roadside markers.
Since the late 1990s, the Florida Department of Transportation has been providing small aluminum signs, at no charge, to families of crash victims. The office which controls North Orange County, Florida as well as Seminole County receives about 20 sign requests per year.
The assignment given by Judge Bravo requires the convicted offenders to research 5 crash victims, including obtaining police reports, visiting the memorial sites and taking pictures. Over the years, many hundreds of reports have been made.
In addition to being 500 words long, the reports must also include details of the accident, how it could have been avoided as well as the impact on the victim's family. Many of the authors actually interview members of the victim's family and include statements regarding their own feelings.
One problem with criminal defense is the lack of creative and educational sentences. Many judges and prosecutors use the "cookie-cutter" approach. That is, each penalty is generally the same as the last. For DUI cases, this means a very high fine, maybe jail, an alcohol school and 3 years of probation. A few of the less knowledgeable believe they are being innovative by just increasing penalties, such as requiring a high number of AA meetings, forcing the defendant to post bail or adding more jail time.
As a criminal defense attorney for nearly 30 years, I have seen dozens of new ideas for punishing DUIs. These usually come in the form of offers from new prosecutors which are simply more punitive than previous offers. It appears this is their way of showing their superiors how tough they are. When all of these extra penalties are added to the loss of a driver's license, and maybe a job, the effect is a disaster for the defendant.
It always struck me as ridiculous to deprive a person of their money, driver's license, liberty as well as livelihood and, then, ask them to stop drinking.
As long as this type of program is not just piled on top of already extreme penalties, there is a possibility people can be educated away from potentially dangerous conduct.
The Law Office of Barney B. Gibbs has consistently fought for the rights of the criminal defendant. I will tirelessly work to find ways to protect them from unfair sentences.
