Is Jay Walker the Rosa Parks of a DUI\DWI arrest
Staff Writer
2020-04-04
.bugnews.bloggieblog.com .
Walker's life before an arrest
Currently, Jay Walker is a Maryland state representative. Walker over his life has reached many levels that others have not. For example, he is a graduate of Howard University, former NFL professional quarterback ,community/civic leader in the DMV(DC,MD,VA) area and father to his family. With all this on his bio, Walker's success may not help him with the current DUI\DWI laws which may need to be modified based on the charges that Jay Walker is facing.
Outline of the path Walker will walk with the chargers
When Walker was arrested, he allegedly cut a police marked car off while trying to enter a very difficult road with a speed of 45 miles an hour on average. Once pulled over, the police allegedly smelled alcohol and noticed glassy red eyes. An alcohol smell may have been possible but, glassy red eyes in the dark is very hard to see by anyone standards. This was the guidelines used by the police to justify Walker taking a field test. According to the police, Walker failed the field test and was arrested and taken in for further testing. While at the station , Walker allegedly refused the breathalyzer test. We don't know if the person that had applied the test was certified to use the equipment.
Walker enters the program
After this is done, Walker is charged and , he enters the program. He is read some information that says that he must surrender his driver license. If he wants to retain his driving privileges, he must enter the interlock program to continue his driving privileges and, he will be able to continue to drive and receive his license back after entering the interlock program. If Walker dose not enter the interlock program , his driver license is suspended for six to nine months. Well, if Walker takes the suspension route, he will not have any identification to conduct any business. This is a major flaw in the law and the mva regulation that an individual is left with no method of identification. For example, Walker wants to fly back to see his mom and dad , he cannot go on an airplane. He has no government ID. Walker wants to buy something of value and sign a contract, he cannot he has no government ID. While entering the interlock program, Walk may have to pay 300.00 dollars. He may pay 150 dollars for a extension to keep his paper license after the 45 days has expired on the time for him to enter the interlock program. Another 150 dollars will be required for the points he received because it was an alleged DUI/DWI.
Walker's chase to the redemption end zone
At this point, we assume Walker goes to see a lawyer. The lawyer may explain to Walker that he will have to enter alcohol treatment classes and attend some seminars about drunk driving being that this is his first time. The lawyer will advise Walker to do this before they goto court. Walker has the option to fight the case or take a plea deal. The lawyer will explain the options. One option that could come up on the table is probation before judgment. PBJ goes on Walker record as if he has never been arrested. He would still do probation with the plea deal.
The weight that Walker will carry
At this point, Walker maybe trying to handle many tasks depending on the road that he selected to travel. If he chose the path many have trailed, he has the interlock in his car only if he don't any state taxes that he has to settle up first otherwise no interlock. On this path, he is attending alcohol classes and along with a few drunk driving panels. With all these tasks, if Walker has a drinking problem, it will come out. The mechanisms to flush out alcoholics are the interlock program, alcohol classes, and probation.
How will Walker be effected by the interlock program
For example, before he can start his car, he will have to take a breathalyzer test and if he continuously fails. He will be kicked out of the interlock program and have to wait to reenter. The only way to avoid being kicked out for a fail test is to call the program office of the interlock program and tell them you had a pass test within 5 mins of the failed test. If Walker does not make that call, he will be in restart mode with in the program. The only problem Walker may have with the interlock program is a faulty device which is not even covered within the rules of the interlock. The provider company of the interlock will break their neck not to admit the device is faulty and will not provided walker with the proper paper to justify his case. Basically, the interlock providers are unregulated in their methods and cost for the device.
Day in court for Walker
While in court , Walker has the right to a speedy trial. The arresting offficer could fail to show. He more than likely will get a plea deal unless, Walker's lawyer has proof the stop was an illegal stop. If Walker is offered a plea deal by the prosecution, it is only valid if the judges agrees. Many people would think if you have a plea deal from the person representing the state that it is automatic. It is not automatic. This is another flaw in many states law. The judge may not agree if Walker is not in alcohol program at the time of the trail at the least. People hope Walker has the money to get into a program before his case goes before the court.
If Walker gets a PBJ or probation
While taking part in probation, Walker will have to pay a probation fee. He will have to continue taking classes. He will have complete other task assigned by the judge. If he is smart, Walker will ask for un supervised probation.
A questions people should ask
Walker should not be facing alot of these problems. At the least for his first time DUI or DWI, he should be facing a no harm no foul law. While stopped for a DWI/DUI, if Walker did not injury himself or others, damage property weather it was a another car or object such as building or road structure, he should only have to do some task and not have any misdemeanor charges. Walker still could be instructed to have an interlock device , take classes and drive on restricted license for a period of time.
How is Walker the Rose Parks of DUI/DWI
Well, at the time Rose Parks was arrested and fined for not giving up her seat and moving to the back of the bus, it was the law. This law was viewed as unfair by many and , the people at that time began to organized and present their case to the world. We all know the outcome once a movement was started.
Currently, there are DUI/DWI laws but are they fair for the actions that people take in today's world and structure along with how many state present chargers against people. For example, if Walker would have hit or killed a person, he would had additional chargers along with the DUI/DWI chargers. Being that Walker did not cause any public harm while allegedly driving after a few legal drinks, he should face a no harm no penalty charge.