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Super Lawyer

Ignition Interlock Bill Passes in California

Los Angeles DUI Defense Attorneys have been keeping a close eye on various pieces of legislation being worked on in Sacramento. One such bill has countless  Los Angeles DUI defense attorneys are up in arms.

The new bill that would introduce a pilot program in four California counties to install ignition interlock devices in the vehicles of people convicted of driving under the influence of drugs or alcohol was approved last Wednesday. California's Assembly Public Safety Committee touted the bill and its proposed technology has making "drunk driving increasingly preventable and gets offenders in the habit of sober driving," citing similar programs in various states that are said to have dramatically reduced DUI recidivism rates.

The pilot program would begin in 2010 in Los Angeles, San Diego, Sacramento and Alameda counties. Ignition interlock devices function similarly to breath analysis machines in that the driver must blow into a tube to have his or her breath alcohol content analyzed. If the driver's reading is above legal limits, the car will simply lock up and the driver will be unable to turn it on. If the breath sample analysis gives a reading within legal limits, the car's ignition will unlock and the driver is then free to start the car and drive. Several groups in the legal community believe the program is unreasonable, punishing people for crimes that have not yet, or may never be committed.

The program assumes that once a person is convicted of driving under the influence of drugs or alcohol, he or she will do so again and must be physically prevented from exercising poor judgment. The bill has been criticized for assuming guilt, which is quite contrary to the American justice system's "innocent until proven guilty" sentiments. Our legal system may be taking a fundamentally wrong turn with laws that assume guilt before a crime is even committed. Critics also argue that the program eliminates judicial discretion by punishing all DUI offenders the same, no matter their previous criminal records or driving history. This pilot program is just one more reason that if you are being charged with driving under the influence, you need a good attorney to fight for you.

Call the Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin, LLP today to begin preparing your defense.

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