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And finally gets reported to Immigration and Customs Enforcement ..... on his 3rd arrest ......

How does an illegal immigrant get a drivers license anyway?

http://www.examiner.com/immigration-refo...rd-dui-michigan

Illegal alien charged with his third DUI in Michigan

On Monday night, Utica Police stopped Juan Carlos Banoschavez, 35, after receiving several reports of a man driving eastbound in the westbound lane of Hall Road.

Police dash cam video shows Banoschavez, a Salvadoran national, driving the wrong way down a one-way street. When the pursuit finally came to an end, officers discovered that his girlfriend and one-year-old son were also in the Jeep Cherokee.

Shirley Munez, his girlfriend, claims that their son was sick with a high fever and had to be rushed to the hospital. However, she also said that they were actually on the way back home when police caught Banoschavez driving in such a dangerous manner.

Munez told Fox 2 News: “He had a drink like around 4:00 p.m. and then my son woke up crying around midnight. I'm told him we had to take him to the emergency room, and on our way back we got lost and we ended up going to wrong way and we got pulled over.”

While Munez claimed her boyfriend had only one drink, Banoschavez can be seen on video miserably failing a field sobriety test, and according to the police report, the illegal alien had a blood alcohol level of 0.12.

Banoschavez has been charged with operating a vehicle under the influence and drunk driving with a passenger under the age of 16.

Banoschavez was driving on a revoked license, due to previous DUI convictions. This is his third DUI arrest in the last ten years.

This time, police have reported him to Immigration and Customs Enforcement.


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I didn't get past the Thread Title,....

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With all the safety mandates surrounding cars, it wouldn't bother me a bit if interlock devices were required for all new cars.


Not the type that required you to blow at regular intervals while operating the vehicle .....just at each start-up.


That would save more injury than side airbags.


Most folks who get a DUI aren't the type to try to subvert the system....not being able to start up would be the reminder needed to call a cab.....and cab companies should be required to transport such people if they don't have the cash.....not for free mind you....on a billing system.


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Why should people who don't drink be required to pick up the extra cost on those devices. I'd have to imagine that they aren't cheap.

Also, what about driving while under the influence of illegal drugs? (other than liquor)


I would rather see people do hard labor for DUI convictions.

Imagine this ..... get a DUI, do 3 months hard labor in a labor camp. Get a second one .... make it a year this time. 3rd ... make it 5 years hard labor.

I am rapidly changing my mind on merely locking people up for criminal convictions. Too many seem to just ride out a jail sentence and go back to whatever landed them in jail to start with. Hard Labor might be the deterrent that jail has not been.


Micah 6:8; He has shown you, O mortal, what is good. And what does the Lord require of you? To act justly and to love mercy, and to walk humbly with your God.

John 14:19 Jesus said: Because I live, you also will live.
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With all the safety mandates surrounding cars, it wouldn't bother me a bit if interlock devices were required for all new cars.


Not the type that required you to blow at regular intervals while operating the vehicle .....just at each start-up.




Nice thought.

Now think about the reality. All a person would have to do is say "hey, bud, start my car." There. System got beat.

If you're going to mandate something like that - you need to mandate they blow every 5 minutes or so.

Plus - do you mandate that everyone has to get this, now? Do you phase it in with new cars? (if you phase it in, it'll take years and years......)

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I think it's a good "basic" idea,...but it WILL get subverted,...but hopefully (not too many times) only by those who really have to drive drunk -- the morons.

This thing, on my car, stops ME on a dime.

On another guy's car ? Who only knows,....

Would I pay another $100 a new vehicle per for this,...yep.

Another thousand ? Two ? Three? No,....I do not "need" the thing,...But, I DO need to be protected from the other dorkweed that does,...so,...at what price do I value my own life ? And that's not "nanny" -- I have NO control over "him/her" whacking me while they're drunk,....

Tough questions,....eh ?

How about the liability to the "sober" dingbat that "started" the car for you, and you then went on a killing spree, or, wrapped your-own-self around a telephone pole ?

The insurance companies aren't gonna be too happy about that,...the lawyers might,...

Damn if it always doesn't boil down to the cash,...eh ?

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that's the sort of overreaction that put us into a nanny state in the first place.


How about we just actually hold people accountable for their actions? How about we stop allowing routine pleas to wreckless op instead of DUI?
How about we make the 3rd strike a felony?

Putting a Blow-n-Go in every car? Hell no. That's absurd, to be polite.


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Quote:

Why should people who don't drink be required to pick up the extra cost on those devices. I'd have to imagine that they aren't cheap.

Also, what about driving while under the influence of illegal drugs? (other than liquor)


I would rather see people do hard labor for DUI convictions.

Imagine this ..... get a DUI, do 3 months hard labor in a labor camp. Get a second one .... make it a year this time. 3rd ... make it 5 years hard labor.

I am rapidly changing my mind on merely locking people up for criminal convictions. Too many seem to just ride out a jail sentence and go back to whatever landed them in jail to start with. Hard Labor might be the deterrent that jail has not been.






That sounds great, but it isn't realistic....the vast majority of DUI offenders are people like you and I....they made a mistake, and they are first time offenders.






There is no easy answer, but I think mine is the best. No....I know it is, thank-you very much.



Most people drink to varying degrees, and most hit it a little hard from time to time...maybe once a day or once a year, but impaired judgment changes the whole deal.


If you are really interested is preventing the problem......prevent it. Don't wait until a person is 10 miles down the road.


Your method is to nab people after the fact....once it might be a mile late.

Mine is to not let it happen to begin with..


As Arch said, nohing is fool proof, so if a sober person is going to blow for a drunk to start their car.....maybe make them do 3 months hard labor..


The actual cost of the device isn't that great.



In mass production,Ii doubt it would add much over $500 to the cost of a car


.


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Quote:

that's the sort of overreaction that put us into a nanny state in the first place.


How about we just actually hold people accountable for their actions? How about we stop allowing routine pleas to wreckless op instead of DUI?
How about we make the 3rd strike a felony?

Putting a Blow-n-Go in every car? Hell no. That's absurd, to be polite.




I thought I intimated that your "Blow-n-Go" won't completely solve the problem, and I believe we agree there,...

However, if it saves your life just once, then I still have a cool Browns website to play around on,....

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Prpl, I'm not advocating peens idea but by your logic...

Quote:

How about we just actually hold people accountable for their actions? How about we stop allowing routine pleas to wreckless op instead of DUI?
How about we make the 3rd strike a felony?



How about we just wait until they kill somebody and then we can REALLY slap it to them? Then we can give them life....

I don't pretend to know what the best answer is... I don't know that cost is really a good argument as this would be phased in over a period of years on new cars.. and automakers already load all sorts of crap in your vehicle that you have to pay for, whether you like it or not.. or here is a thought, you could opt to NOT get it... then when you go to insure your car, the insurance is 3 times as much (which it would be because they would figure you were trying to get away with something)

I can already think of a couple ways around it, having somebody else blow in it for you.. heck blow up some balloons before you go out for the night and release them into it... might work... if somebody wants to subvert the system, they will find a way... but Peen is right, the majority of your folks out there DUI'ing are triple the limit, driving 90 mph, morons... .they are guys and gals that stopped and had 3 or 4 beers on the way home from work and 99% of them will get home perfectly safe 99% of the time...


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J/C here.....

A couple folks have mentioned having them do "hard labor."

Where would this be done and how would you do it? If they refuse to do the "hard labor", what would you do to them? And how? And by who's order?

Some things sound simple but aren't.


The ignition interlock device idea is crap.....IMO. Providing added fees to people who don't require them is silly.

Any violation after the first DWI (alcohol or drugs) should be a felony. Even that wouldn't help in a lot of cases, as there are guys and gals out there with multiple violations....but it would be more of a deterrent.

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Sure some things sound simple.

Send them to the border to dig a trench to protect the border. Have them tear down eyesore abandoned houses in run down neighborhoods. Send them out daily to pick up garbage. Anything.

If they refuse, then increase their sentence and put them in complete solitary confinement. No TV, no newspaper, no books, no radio, no nothing.

The problem is that we look at some solutions as "being too hard", when they really aren't that difficult. We did hard labor once upon a time. Then we became "compassionate", and tried to reform instead of punish people.


Micah 6:8; He has shown you, O mortal, what is good. And what does the Lord require of you? To act justly and to love mercy, and to walk humbly with your God.

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How about every bar has a vending machine you put your car keys in when you arrive, and then have to blow to get them out when you leave.


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I'm all in favor of making this an individuals responsibility. First offense, you're on probation for 5 years and you pay a 10K fine. If you break your probation, they publicly hang you.


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Quote:

Prpl, I'm not advocating peens idea but by your logic...

Quote:

How about we just actually hold people accountable for their actions? How about we stop allowing routine pleas to wreckless op instead of DUI?
How about we make the 3rd strike a felony?



How about we just wait until they kill somebody and then we can REALLY slap it to them? Then we can give them life....




Works for me, because until they start driving, they haven't broken a law. As you are quite fond of pointing out, there are already laws on the books against this... at some point, people have to take responsibility for themselves.


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Works for me, because until they start driving, they haven't broken a law.



Technically I do not believe that's true. I think in most jurisdictions, sitting behind the wheel with the vehicle started on a public street or parking lot is enough, you don't actually have to MOVE the vehicle.

Quote:

As you are quite fond of pointing out, there are already laws on the books against this... at some point, people have to take responsibility for themselves.



As I said, I'm not advocating the blow and go deal... but it depends on what you consider the intent of the law.. is it to have a mechanism to punish the guilty or to protect the innocent? Because the person who IS taking responsibility for themselves and is driving home sober at 2 am is often the one who is killed by the person who is not...

I will say this, I think that after your first DUI, you should be MANDATED to have a blow and go device on any car you drive for at least the next 10 years. I'm not for ruining a guys life over one DUI because as Peen pointed out, these aren't usually your wreckless alcholics, they are usually people like you and me who made a mistake.. but I would make it very hard for them to make that mistake again...


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I wouldn't go so far as 10 years, but a year I could support easily. The monthly expense of having one is pretty painful ( > $70/month).

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I'm not for ruining a guys life over one DUI because as Peen pointed out, these aren't usually your wreckless alcholics



And on the first DUI, you will be hard pressed to discern the difference... both cases will simply be drunk humans. The degree to which they are drunk will rarely be any sort of indicator of anything whatsoever.




The laws exist to protect the innocent, but they need to be designed to punish the guilty... but you also have to do it without getting all Draconian. Mostly, they need to be better enforced. Plenty of arrests are made, but many, many cases are regularly reduced to Wreckless Op or something else because the person hires a lawyer that is accustomed to working the system.... at some point, guilty just needs to actually mean Guilty.


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Why is this thread about his immigration status. Third DUI is a problem, has nothing to do with his immigration status. You don't have to show proof of residencey to get a drivers license in many states. Its not like repeat DUI offenders are the result of illegal immigration. don't worry, there are plenty of legal citizens to keep DUI lawyers in business.

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Why is this thread about his immigration status. Third DUI is a problem, has nothing to do with his immigration status. You don't have to show proof of residencey to get a drivers license in many states. Its not like repeat DUI offenders are the result of illegal immigration. don't worry, there are plenty of legal citizens to keep DUI lawyers in business.




Probably because if he was arrested 2 previous times, they should have noticed hsi illegal status and did something then.


Quote:

This time, police have reported him to Immigration and Customs Enforcement.




This would presume that they knew and didn't report him previously.

Last edited by FloridaFan; 12/23/10 12:34 PM.

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I wouldn't go so far as 10 years, but a year I could support easily. The monthly expense of having one is pretty painful ( > $70/month).



A year isn't enough, I'd be happy to meet somewhere in the middle though.. I don't really care if it's a little expensive, killing somebody or spending some time in jail is even more costly when you lose your job, your house, etc.

Quote:

And on the first DUI, you will be hard pressed to discern the difference... both cases will simply be drunk humans. The degree to which they are drunk will rarely be any sort of indicator of anything whatsoever.



I agree completely, which is why on the first offense I'm more inclined to do preventative stuff that doesn't necessarily ruin their lives.. and one thing is the blow and go kit... again, I'm sorry if it's expensive, you say they are >$70/month.. I can't believe they would be more than a few hundred bucks to install so if you need one for 3 years or 5 years, buy it.

Quote:

The laws exist to protect the innocent, but they need to be designed to punish the guilty... but you also have to do it without getting all Draconian.



I agree completely, which is why I think we need to do more than we are doing but I'm not prepared to completely get behind the breathalyzer in the car (at least until you have been caught once)...


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I can't believe they would be more than a few hundred bucks to install so if you need one for 3 years or 5 years, buy it.




You don't understand.... it is $100+ to get it installed, then $70+/month monitoring fee which is part of the enforcement.
Plus, you want greater than 1 year... you do realize that you will now have people on probation for that entire time, right? Because there will have to be enforcement and validation of participation.


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Plus, you want greater than 1 year... you do realize that you will now have people on probation for that entire time, right? Because there will have to be enforcement and validation of participation.




Exactly.

Ten years of probation, $10,000+ in fines? For a first offense?

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Whatever the penalty, until its the same for the mom who ran me off the road on her cell phone, live and let be.

I'm more PO'd that the guy is in the country long enough to even get the 2nd DUI.


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Whatever the penalty, until its the same for the mom who ran me off the road on her cell phone, live and let be.

I'm more PO'd that the guy is in the country long enough to even get the 2nd DUI.




Why? He's helping the economy. He's helping the car industry, the gas industry, the booze industry, the police, the jail operators, the court system, attorneys, bail bondsmen, court interpreters - all of this without, likely, taking away a job from an american now. He's your dream come true. He's probably created 10 american jobs himself.

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Quote:

Quote:

Whatever the penalty, until its the same for the mom who ran me off the road on her cell phone, live and let be.

I'm more PO'd that the guy is in the country long enough to even get the 2nd DUI.




Why? He's helping the economy. He's helping the car industry, the gas industry, the booze industry, the police, the jail operators, the court system, attorneys, bail bondsmen, court interpreters - all of this without, likely, taking away a job from an american now. He's your dream come true. He's probably created 10 american jobs himself.




And yet he hasn't paid for 1 of them - no, it's the taxpayers that pay.

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Sure some things sound simple.

Send them to the border to dig a trench to protect the border. Have them tear down eyesore abandoned houses in run down neighborhoods. Send them out daily to pick up garbage. Anything.

If they refuse, then increase their sentence and put them in complete solitary confinement. No TV, no newspaper, no books, no radio, no nothing.



Now you're talking about changing even more laws. That's why I said it wasn't so simple. If they refuse to do this "hard labor" you can't beat them. Sure, you could put them in solitary confinement but there are many things that are required by law to be given to them even when in this situation and people don't think that far.
Don't forget also while they are in this solitary confinement that the confiners are responsible for the medical care of the confinee.

Additionally, you can't (under current law) INCREASE their sentence as you stated.

Quote:

The problem is that we look at some solutions as "being too hard", when they really aren't that difficult. We did hard labor once upon a time. Then we became "compassionate", and tried to reform instead of punish people.



Yes, the loss of freedom is the main punitive aspect anymore but your "solution" of hard labor is difficult when you look at realistically involving ALL parameters and not just a select few.

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But you can say "You get the maximum, or you can reduce it to 1/2 or 1/3 by working hard labor".

Where there is a will, there is a way.


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Sounds simple.

But it's not.

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