There seems to be a real push to crackdown on drinking and driving in Denver, Douglas and Arapahoe County. Lawmakers have made multiple DUI convictions a felony – punishable with a sentence to prison and law enforcement have been out in full force, even advertising a special number to call to report drunk drivers. The Colorado State Patrol recently issued a survey to the public asking if they think those with a Driving Under the Influence conviction should have special license plates indicating they have a DUI on their record. These plates, referred to as the ‘scarlet license plates' will someone identify that the person who owns the car has a DUI offense on their record.
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Scarlet Letter DUI Plates Constitutional Issues: Cruel and Unusual Punishment in Arapahoe County
Much like the sex offender registration, the scarlet letter plates would be a way for the public to recognize a person's criminal history. It is cruel and unusual punishment to make someone drive around with a public notice that they were convicted of a crime. It opens them up to Harassment and retaliation, which makes it unconstitutional. The way they get around this with the sex offender registration is that it is all about public safety – though even that is being challenged right now in the Colorado courts. The results of the survey found that 40% of the 350 voters thought they should be issued after a first offense, 33% felt the plates should be required after a second or subsequent offense, 20% felt they should never be issued and 7% felt they should only be issued in special circumstances. But what purpose does it serve other than to embarrass the person with the Denver or Arapahoe County DUI conviction? It does not make the community any safer. And what if someone else is driving the car? They will be assumed to be a drunk driver just because of the plates – even though that's not the case.
What is Driving Under the Influence in Jefferson and Adams County
According to Colorado law, Driving Under the Influence in Adams and Jefferson County – C.R.S. 42-4-1301 – is charged when a person is operating a vehicle with a blood alcohol content (BAC) of .08 or higher. A first time offense is a misdemeanor charge and with each subsequent offense, the punishments are harshened.
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If you or a loved one has been charged with Driving Under the Influence, be smart, exercise your right to remain silent, and contact the best DUI attorneys from the O'Malley Law Office at 303-830-0880 today. Together, we can protect your future.Request a Free Consultation
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