U.S. Supreme Court rules that DUI is not a violent crime…
May 28th, 2008 | By Michael L. Saile, Jr., Esq. | Category: Blogs, DUI-DWI-DAI (Drunk Driving)In a recent case brought before the United States Supreme Court, a man was charged under the Armed Career Criminal Act which imposes a special mandatory 15-year prison term upon a person who unlawfully possesses a firearm and who has three or more prior convictions for committing certain drug crimes or a violent felony.
After the Defendant pled guilty to his 13th DUI (drunk driving) offense, a judge sentenced him to the enhanced sentence of 15 years in prison.
The United States Supreme Court ruled that a DUI (drunk driving) involves conduct that “presents a serious potential risk of physical injury to another” under clause but is not the type of conduct that the legislature intended it to cover.
Do think this was a good decision?
I think it is the right decision. Therefore a good decision.
DUI is some States is not even a crime.
New Jersey has no “felony” designations either.
What was Justice Scelia’s opinion? I would probably go along with whatever he wrote. DID SCELIA AGREE WITH THE DECISION?
here is the link to the decision as written by the justices. it is only 30 pages.
The dissenting opinions really go after Scelia.
In this case,Scelia was with the majority, and agreed the ruling should be reversed.
I really do think Scelia is trying to protect the constitution and always follows the law.
http://www.supremecourtus.gov/opinions/07pdf/06-11543.pdf
Scelias opinion is right.
In fact, maybe today, 10,000 people in this nation will drive with a BAC of 0,08% and not cause injury to anyone.
have you read sceli’s opinion in this. he must be the smartest man in america.
this guy is an expert at language and meaning.
without the statiztics to back up the claim the driving at a bac of 0.08% poses more risk of personal injury, than the act of bulgary, which is the lowest crime in the statute, that condeming a man to 15 years based on speculation is wrong.
i agree completely with the decision. chalk one up against MADD.
mR. sAILE, HAVE YOU READ SCELIA’S OPINION?
mr. salie, do you have any comment of justice scalia’s written opinion?
any comment at all, as to any aspect at all?
even a comment on his writting process would be helpful.
it is funny, … the more i read decisions from people like scalia, the more i tend to speak and think in this manner.
that is, the manner of trying to interpet something according to the meaning of words.
so, several months ago, when me and kevin got into a semi public fight or words on here, … you can now see where i am coming from.
words and meaning are extremely important to the law.
one musr delve into it completely from everyh angle, and possible understanding, in order to come up with and opinion or argument, that can stand on the words and meaning of statutes, case law, and court rules.
well, it now now been a year since I put my first post on the website.
Can you believe I can not still not get a trial after 15 appearances and 34 months.
It is true.
The case is so cut and dry:
first offense
no accident
lower tier level
municipal court bench trial
prosecution ordered by supreme court to proceed to trial jan 10, 2006
why have they done this to me?