You don't need to be a San Diego criminal defense attorney to know that when punishments for crimes are excessive, it does nothing to reduce incidents of crime, but actually propagates recidivism rates. That is the lesson that we need to take away from an incident in Texas, where a judge ordered a person involved in a drunk driving accident, to visit the scene of the accident, wearing a sign, saying that he was a drunk driver who had killed the victim. The judge has now decided to suspend this appalling public humiliation.

The judge announced the punishment for 39-year-old Michael Giacona. In June 2011, Giacona was driving under the influence of alcohol, when he ran a red light, and crashed into a car driven by a 20-year-old man. The young motorist was killed instantly in the accident.

Giacona was convicted of driving under the influence of alcohol, and sentenced to 90 days in jail. He was also placed on probation for 2 years. One of the conditions of the probation was that he visit the site of the accident with a placard around his neck, reading I Killed Alan Pennywell While Driving Drunk.

He was required to wear the placard, and visit the accident scene between 9 am and 5 pm on every consecutive Saturday for 4 weeks. He was also ordered by the judge to keep a picture of the deceased motorist’s demolished car in his house, and asked to undergo an Alcoholics Anonymous program.

Giacona, as per the ludicrous terms of his probation, has been visiting the accident site with the placard. As to be expected, he has been subjected to extreme public humiliation, and threats. However, the judge has now agreed to reassess the sentence, and has suspended the punishment for the time being.

It's hard for San Diego criminal defense lawyer to tell exactly what the judge had hoped to accomplish by subjecting Giacona to this kind of humiliation.

For years, the public perception has held that teenage drivers are at a higher risk of driving under the influence, because of peer pressure. However, a new study indicates to San Diego DUI lawyers that that perception is no longer true.

According to the study, parents have a much bigger role to play in determining whether children end up driving under the influence, than friends. The study was conducted by a nonprofit group called The Century Council , which focuses on raising awareness about the dangers of underage drinking. The study has been released to coincide with Alcohol Awareness Month. The researchers were looking at the greatest influences on teenagers’ drinking practices.

According to the study, approximately 83% of teens between the age of 10 and 18 admitted that their parents were the biggest influences in their alcohol-related decisions. This included teens who did not drink all, drank minimally, or drank responsibly.

This was a surprising finding, because earlier studies have indicated that parents do not play a significant role in determining a person's drinking practices, compared to peers. In 2003, a similar study showed parental influence figures that were about 20% lower.

According to the respondents, there are other influences that also determine a person's risk of driving under the influence of alcohol. For instance, 28% of the persons admitted that the threat of punishment determined their risk for drunk driving. About 22% of the respondents said that their brothers and sisters influenced their drinking practices, and 23% said that law-enforcement officers influenced their drinking policies.

What this indicates to San Diego DUI attorneys is that parents must track their children's driving practices at all time. Look for signs of drinking, and monitor the kind of friends that your teenager hangs out with.

The City of Escondido has agreed to review its towing fees after scathing criticism of its DUI checkpoint policies. The criticism came from the American Civil Liberties Union, which called the DUI checkpoint policies in the city some of the most extreme in California.

The report by the American Civil Liberties Union report was released last week, and raises questions about the motivations behind the city's DUI checkpoint and impoundment policies. San Diego DUI attorneys have frequently leveled such criticism not only at Escondido’s DUI checkpoint policies, but similar policies across the state of California. Cities like Los Angeles have also dealt with criticism that their DUI checkpoints are more a vehicle for enriching the city coffers with impoundment revenues, than any real effort to get drunk drivers off the street.

The ACLU elaborates on the same theme in its report, saying that the impoundment practices in Escondido unfairly target undocumented immigrants, who may be driving without a valid license. These individuals may have their vehicles impounded, and may have to pay thousands of dollars in fees to be able to retrieve their car.

Many of the impounded cars belong to people from Hispanic and low-income communities, who may not be able to raise the money required to retrieve their car. That means more economic hardships for an already impoverished community, because these people now don't have the means to walk to work or to school.

According to the ACLU Report, which was based on a journalistic investigation, Escondido may be profiting from the revenues from these checkpoints which include towing fees, towing contracts as well grants from the California's Office of Traffic Safety. Under California law, cities must not charge towing fees that are higher than the actual costs of the towing expenses involved. However, an evaluation of Escondido’s towing fees finds that the city's calculations of its towing expenses have hit the roof since 2004, and include what the report calls ‘creative’ and ‘suspect’ expenses.

To the list of police officers overreacting when they see persons operating vehicles that can barely be described as vehicles, under the influence, you can now add officers in Minnesota. Cops there arrested a 34-year-old man, for driving his Zamboni while intoxicated.

The 34-year-old man was operating the Zamboni, which is an ice resurfacing machine. Witnesses at the scene said that they saw the Zamboni careening across the ice, and bouncing off the sidewalk.

When police officers responded to the scene, they saw the man at the ice rink, operating the Zamboni. When the officers approached the man, they smelled alcohol, and found that the man was unsteady on his feet. Officers administered a field sobriety test, and the man was then taken to the police station where he was subjected to a blood alcohol test.

The last time that San Diego DUI lawyers can remember a Zamboni being involved in a DUI was back in 2005. In that incident, a 63-year-old man in New Jersey was arrested for driving a Zamboni under the influence of alcohol at a rink. However, in that case, the judge dismissed the charges, because he believed that the Zamboni was not a motor vehicle. He based this decision on the presumption that the Zamboni cannot carry passengers, and cannot be used on roadways like other vehicles can, and therefore, does not meet the defining criteria for a motor vehicle.

In recent years, law enforcement officers have pulled over persons for operating a number of vehicles under the influence. There have been a number of amusing but frustrating instances where persons have been arrested for driving lawnmowers, beer coolers, and even a motorized recliner under the influence.

San Diego law enforcement officers responding to reports of a drunk driver on Seacoast Drive were not expecting to see a man they had arrested at least twice earlier in the same week.

San Diego police had pulled over him over on January 17, and troopers of the California Highway Patrol had pulled him over last week on suspicion of drunk driving. Over the weekend, Sheriff’s deputies received a report of a drunk driver, and reached the scene to find that it was Lakarnafeaux again. He had already moved to another bar to get more beer. He was arrested and booked into the San Diego Central Jail, in his 3rd arrest of the week. He is being held on a $100,000 bail.

A person who has been arrested for DUI on more than one occasion needs to get in touch with a San Diego DUI lawyer as quickly as possible. Being charged with repeat DUI's can substantially increase the penalties that you're eligible for.

For instance, you can expect to pay substantially higher fines for a 2nd or 3rd DUI, than for the first one. After a 2nd DUI conviction, a person can have his license suspended for the first 2 years. After the 3rd DUI conviction, the license suspension can last for 3 years. There is a possibility that your vehicle could be confiscated for a 3rd offense.

According to the Vancouver Sun, Canadian tourism officials have been trying to ease travel restrictions because of concerns that the tourism industry, including the hunting and fishing industries in Canada, may be hit hard by the restrictions.  Under current Canadian laws, American citizens who have convictions for DUI can only enter Canada under certain limited conditions.   They can enter Canada if they have had at least 10 years without a crime on their record since their conviction.  If it has been only five years since the DUI conviction, they can apply for a Canadian visa, but the processing of the visa could take up to a year.

The briefing note has been sent by the Canada Border Services Agency President, who says that his agency and Citizenship and Immigration Canada are also looking at a variety of different options that would help ease travel for DUI offenders.  Some of the options that they are considering include allowing border guards to permit certain foreign nationals, including those with less serious convictions like DUI, to enter the country. 

Many times, Americans may not even be aware that they are not eligible to enter Canada because of their DUI record.  This can give rise to prickly situations, and the Canadian officials want to address this issue too.  The Canadian efforts to ease cross-border travel restrictions on Americans with DUI convictions will have to be smooth enough not to ruffle feathers on this side of the border.