Recent Broward Law Blog Features

Monday, December 28, 2009

Minnesota Man Chalks Up 20th DUI Arrest!

Paul D. Garay has a history of drunken driving. And by "has a history," we mean "has a lifetime 20 arrests for drunk driving." Over Christmas weekend this 55 year old dude pitched his Chevy into a ditch in Minnesota again, sporting a BAC twice the legal limit.

Alcohol problems aside, Garay's hardly a shining beacon of responsible citizenship; from 2003-2006, he served a drug-related sentence, and his latest arrest constitutes a violation of parole, so he was held without bail. Jay Hurley was getting married, and tends not to cover Saint Paul cases, so we did not get to hear him opine on this particular defendant.

Now even as a defense attorney this next fact shocks me: because of the way Minnesota law works, Garay won't have to worry about being charged with a felony for his latest escapade. A fourth DUI within a 10-year span carries the force of a felony, but only two of Garay's 20 DWIs happened in the last decade, so the crime will be charged as a gross misdemeanor instead. He has been a good boy, apparently- at least over the last ten years or so.

But the best indicator of future behavior is past behavior. Mr. Garay has apparently not conquered inner demons. Needs to try again, if not for his own safety, than that of all the others in his neighborhood.

No comments:

Post a Comment