Originally Posted by DCDAWGFAN
Originally Posted by PitDAWG
It's cost a lot of people a lot of money based on what it felt they "have to believe". The fact is it shouldn't be a DUI if you're found sleeping instead of driving drunk in your car.
Generally agree but what if you are found sleeping along the side of the road and the only way you could have gotten there is to drive? Sure, you made one good decision that you couldn't drive and pulled over... but you made a bad decision to drive in the first place so.... I would agree, as I stated above, that the good decision should at least be considered in the seriousness of the punishment.

Should you be punished for having a handgun in your glove compartment if you don't have a carry permit? It's harmless in the glove compartment, just like your car is harmless with you sleeping in it. It doesn't become a problem until you decide to use it....


I guess my issue is that the law doesn't allow for that discretion as written. Sure the judge "can" use such discretion. Judges are often times appointed or elected. Using such discretion may be cause as to why such discretion would be neglected. The same goes for prosecutors who run an the platform of being "tough on crime". The issue for me more lies with you being placed at the mercy of others "doing the right thing" when often times that's not their top priority. Their priority is being reelected and keeping their jobs. If the law had am more discretion written into it based on the circumstances I would feel much more comfortable about it.

I understand the point you're trying to make. But as it stands OVI and DUI laws are written with a one size fits all penalty guideline. If I had to err on one side or the other I would rather protect those who made the right choice, be that before driving or making the decision to stop driving, than I would to heavily punish those who made the right decision to begin with.