A Second Shot

Drunk driving continues to plague our roads and highways throughout the country. It is an issue that gives insight into the nature of rebellion and misery of drunkenness. The number of drivers that take to the roads while under the influence of alcohol is too dangerous for their fellow, sober drivers. Drunk drivers who end up being charged and processed with DUI charges can experience an embarrassing and tough confrontation with law forces. Statistics for DUI cases show that usually drunk drivers show little social responsibility and lack basic remorse for their actions until it is too late.

The possibility for dangerous accidents involving drunk drivers is a constant threat on today’s roads. Drunk drivers, individuals who are unable to realize the implications of their careless actions, are one of the greatest threats to our national roads. An alarmingly high statistic of one in three people will experience being involved in a drunk driving collision during their lifetime. One-third of the entire population is undoubtedly too many people to experience such a traumatic event, assuming they survive. Typically, in this event, the drunk driver would be wise to seek counsel from lawyers like those at Kohler Hart Powell SC. Knowledgeable sources can point out weaknesses, assuming there are any, in the prosecution’s claims in order to defend the rights of the driver. In cases where there is no fatality, the driver stands a much greater chance of dismissing charges or facing minimal punishment. For the select few this may be possible; however, another study showed that on average drivers who have been convicted in DUI cases have driven under the influence up to eighty times beforehand. Of course, as in any situation, there are multiple factors that can affect the likelihood of an individual driving under the influence. Typically drunk drivers tend to be more male, younger in the ages between 18 and 25, and drove a motorcycle or small car. Thankfully there has been a large increase in organizations that speak against drunk driving and go a step further by providing educational resources to prevent future drunk driving. These organizations work with various institutions and law agencies in order to provide accurate studies that give insight to the larger problem at hand.

Upon reviewing the information provided it is clear that DUI’s are a complex result of multiple factors. Individuals who choose to endanger the lives of others, and at the same time endanger their own life, need serious help. This assistance can come in multiple forms such as rehabilitation, probation or community service, or imprisonment. The end goal should not be to cripple their life, throwing them into a cell with no ability to rehabilitate and evolve, but it should be to remedy the pain within them that causes such poor choices.

To summarize, drinking and driving can not continue to endanger the lives of millions of people on the road each year. Through better rehabilitation and additional educational opportunities that outline the dangers of behaviors related to drunk driving, I believe we can effectively heal the pains of this continuing epidemic.

Criminal Law and Spousal Rape

Spousal rape, also known as marital rape, is forcible sexual intercourse between a married couple. It is currently a criminal offense in all 50 states. Prior to the 1970s, marital rape was not prosecuted; in fact, marriage was considered an affirmative defense for rape allegations. This is due to the fact that sexual congress was considered a duty of marriage, and even if physical force or threats were used to accomplish intercourse, it was not considered a crime.

Criminal law has changed, and since the victims of spousal rape are usually, although not categorically, women, the increasing pressure from advocacy and women’s rights groups have pushed legislators to recognize spousal rape as a form of sexual abuse and domestic violence.  As such, rape laws have been modified to recognize spousal sex by adding sections to the state penal code, or at least to remove marriage as an affirmative defense.

But spousal rape, like any other type of rape, is a he-says she-says type of crime; there are almost always no witnesses to corroborate the allegation. According to Horst Law’s website, rape per se is a complicated crime, because it all hinges on the question of consent. While this can be a problem for women who have really been raped, it can also be a problem for men who are falsely accused of it. It can be difficult to prove or refute the fact of rape.

There have been cases when a woman will cry rape for what was actually consensual sex out of fear or revenge, or to gain an advantage, or to protect her reputation. When this happens, the defendant is often vilified or suffers a loss of prestige or damage to his reputation. Some of the falsely accused have even lost their jobs. The worst thing is for the defendant is a conviction, which means that an innocent person will be sent to prison, have a criminal record and be included in the database for sexual offenders. Very few of the innocent ever recover from such a horrific experience.

When charged with spousal rape, the defendant should lose no time in mounting a defense with the help of a criminal defense lawyer in the area experienced in dealing with spousal rape. Rape defendants are too often denied the benefit of the doubt, and will need aggressive legal representation to avoid a conviction and its attendant consequences.