Drunk drivers identified in Twitter postings
December 29, 2009 by Valerie HelmbreckPosted in: Communication, In this week's e-newsletter, Latest News & Views, social networking
Forget that pesky “innocent until proven guilty” principle of American justice. A Texas district attorney has decided that alleged drunk drivers deserve to have their identities broadcast upon arrest — before a conviction.
And he’s got just the Twitter account to handle the job.
The district attorney Brett Ligon’s office in Montgomery County Texas, a Houston suburb, will publish the names via Twitter of those charged with driving while intoxicated (DWI) between Christmas and New Year’s Eve this year.
Names of those arrested for DWI will be posted on District Attorney Ligon’s Twitter page. Innocent or guilty the names will be published when suspects are arrested.
The plan is the brain (and we’re using that term liberally here) child of County Vehicular Crimes Prosecutor Warren Diepraam, who seems to believe it will discourage folks from getting drunk and behind the wheel of a car. “It’s not a magic bullet that’s going to end DWIs, but its something to make people think twice before they get behind the wheel of a car and drive while they’re intoxicated,” he said.
Yes, drunks frequently think deeply about the consequences of their actions just before taking them. Why I’m sure that Montgomery County parties this weekend will be full of hard-drinking, law-abiding folks shaking their ice-filled glasses and wondering if their name will be spelled right on AG Ligon’s next Tweet.
No word yet on folks against whom the charges are dropped or who failed to be convicted of the charge.
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Tags: Brett Ligon, district attorney, drunk driving, Montgomery County, Texas, Twitter
January 5th, 2010 at 10:29 am
As unfortunate as this may be, it is legal. Arrest records are public documents. The Albuquerque Journal has long been publishing a monthly insert of all persons arrest for DUI/DWI in the newspaper, complete with the “mug shot” of the person at booking and each individual’s BAT or blood test results. Unfortunately, the newspaper does not choose to publish any follow-up on the results. The presumed intoxication level in our state is .08 and the newspaper publishes pictures of arrested individuals who test below .08. Of course, point .08 is only a presumption and a person can be convicted for DUI with less than a .08 if there is evidence of erratic driving. I am an attorney, although not a prosecutor. This would be probably be unethical under our rules governing attorneys, but the press can publish these records.
January 5th, 2010 at 11:24 am
Let me lead off by stating that the author makes a great point: Failing to consider your circumstances to begin with, i.e. being CAUGHT while DRIVING and INTOXICATED, leads one to conclude that additional negative consequences, i.e. reputational damage would NOT be considered. If the 80’s “drinking and driving will kill you” campaign didn’t do it, then what we’re saying is that even the threat of DEATH would not dissuade these folks.
One would think that prosecution for DUI is very clear cut, but it’s not. It takes the better part of a year, many thousands of dollars, missed work, and needless complexity to arrive at some decision from the court. This, based on the experience of a couple of friends who had to go through it.
“What is DUI?” There is a legal BAC limit in Texas of .08. However, there are some very subjective tests based on the officer’s discretion as to whether a person is DUI or not, such as “exhibits impaired mental or physical faculties by reason of the introduction of alcohol or a controlled substance”, meaning that in the officer’s discretion, if you admit to drinking AND HE THINKS you are impaired, then by definition you can be arrested for DUI.
If this results in a conviction (which it almost always does — the deck is stacked against you: the system prefers that you plea bargain, which is an admission of guilt), then so be it. Your guilt is now a matter of public record.
IF, however, the arrest results in NO conviction, either due to a technicality or otherwise — I mean — let’s just speculate that someone MIGHT be truly innocent — then the arrest record is NOT accessible to the normal public, and the implicit association of arrest = conviction by publishing arrests, and associated reputational damage leaves our buddy, the DA open to a lawsuit for slander by anyone arested but NOT convicted of DUI.
Of course, being a lawyer, he should know that.
January 5th, 2010 at 1:42 pm
This is yet another example of the damage done by District Attorneys who are searching for ways to get publicity for being “tough on crime” so they can go on to run for Governor.
It is my understanding that a DA is 100% protected from civil suit for irresponsible behavior that he can claim is connected to his job. This gives him license to abuse a few people who MAY be guilty of something to appear tough to the masses. As a lawyer, he knows he can hide behind his immunity.
I can almost guarantee that deterring DUI is not the motive and the DA knows that it will not prevent a DUI.
January 14th, 2010 at 3:22 am
I heard about this.
February 2nd, 2010 at 4:11 pm
A similar story, http://www.twitter.com got accounts phished just 2 days ago. It appears nothing is safe.
February 2nd, 2010 at 4:33 pm
Along the same lines as this story, twitter got passwords stolen on sunday. Seems that nothing is safe.
February 11th, 2010 at 4:02 am
How do people put together such great blogs!
Nice work man. I found you on google! 