Are Any Alternative Programs Or Punishments Available In The State of Florida For DUI Offenders?
First and foremost, the discovery of pretrial defenses, which affect the evidence and whether it cannot be used in court, is called admissibility. That makes the most difference in the outcome of a case. That’s why hiring a specialist is so important because a layperson can’t figure that out. Also some things are negotiable and some are not. Those that are negotiable are going to depend on a number of factors as well as the individual prosecutor and the judge.
Finally, DUI diversion programs are available for some people but not others, it’s all related to politics. If an elected state attorney expects that Mothers Against Drunk Driving will donate lots of money to give that particular state attorney defeated come election time, then DUI diversion is not happening in that particular judicial circuit. This is upsetting more than anything because if someone gets a DUI in Fort Walton Beach, Florida, there is no reason why the state law should be different for them. They don’t live, for example, in Gainesville where they do have DUI diversion.
Additionally, more types of diversion programs are popping up in various different areas of law. The problem is most of them are designed by politicians, not by people who actually know what they are doing. The classic example of that is called the failure of drug courts. There is over a quarter of the population now that does not believe in God, yet they are required to go into a program where there are twelve-step based where five of the steps directly relate to something that contravenes their religious beliefs. The same is true for those of certain other religious faiths, who are not atheists.
So, they are forced into a program, required to go to AA or some twelve-step program and the reality is those programs are largely ineffective. Taking a classic example, Florida has a level 1 DUI school for first offenders. It fails so spectacularly at reducing recidivism and preventing future DUIs that they have now created level 2 for people who have more than one DUI. This pretty much explains Florida law to a large degree when you factor in the political component. People are being forced into treatment programs that do not work for political purposes. That’s generally one of the big problems with diversion programs.
Across the state, there are different types of diversion programs that should be modified; drug court being first and foremost. The requirements of most diversion programs are so burdensome, people cannot even complete them. If there was to be a DUI program for diversion that resembled drug court, it would be an absolute disaster. When people go to drug court, they not only have to go to court once a week for the first 90 to 120 days, they have to go to four counseling sessions per week and they have to go to four twelve-step group therapy sessions per week. This is extremely problematic for those who are employed. Where in the world is anybody who is employed going to find the time to take off work, go to court once a week and attend meetings? That’s a ridiculous requirement, it’s not an individualized treatment plan, and its one size fits all. It has been an unbelievable failure path and a waste of taxpayer money.
If you need information regarding Alternative Programs Available To DUI Offenders In Florida, call the criminal defense office of Stephen G. Cobb for a FREE Initial Consultation at (850) 669-5882 and get the information and legal answers you’re seeking.