The DUI Case - Essay Sample

Introduction

The case talks about Michael and Defendant whereby Michael is a member of the police and the Defendant is normal citizens without a governmental post. The defendant meets with Michael and he drives his car recklessly whereby Michael decides to caution the defendant.As he is talking to the defendant he smells alcoholic beverage from defendants mouth whereby the defendant claims to have taken four bottles of alcohol from a certain bar known as JB's. After recognizing such a smell he suspected the defendant to be impaired whereby he conducted Bernhard Bajak his work partner to come and investigate the defendant's car.As Bernhard Bajak was investigating he recognized that the defendant's eyes were red, bloodshot, glassy and watery(Goodfellow, and Kilgore).He also found cannabis pipes in the car and arrested the defendant.The defendant claimed that before his day of arrest he didn't sleep from 1:30 to 2 am and woke up at 4 am to go to work where he worked from7am to 5 pm. The defendant claimed his car's engine was faulted and he was in fears of it dying. He made a mistake at Lillian's street where revved the engine to keep it from dying. After the case was handled the defendant was found guilty of three offenses and filed a motion of new trial in court. However, he was denied the motion by the court and sentenced for a term of eighteen months where he was expected to work in community service.

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From the case concerning the defendant, it is unexpected of the police to conduct a search on the vehicle of the defendant. This to some extent proves to be a kind of violation of certain rules by the police in that they went ahead to arrest the defendant for the additional offenses they found him to have and they had not given him a warrant of arrest(Goodfellow, and Kilgore). Actually, one thing that supports this is that the passenger compartment of the vehicle seemed not to be easily in the reach of the defendant who is in this case seen to have been driving the vehicle.

On the other hand, however, the case shows that the defendant is guilty of the accusations made by the police who arrest him even though he had not been informed, earlier of his arrest. For example, the fact that the defendant is found to be driving while drunk just confirms that a legal action has to be taken on him since the law clearly stipulates that no one should drink and drive and him out of his mind chooses to go against all that. In addition, another fact that supports the case and upholds the arrest of this defendant is that there was a realization of cannabis pipes being transported in his vehicle (Goodfellow, and Kilgore). This is a great violation of the law and for this reason; he bears the responsibility to answer questions as to why he had involved himself in such illegal business.

Conclusion

However, the ruling of the court on the cases concerning the defendant seems to have some kind of inhumanity in that the court even offers through the jury to deny him a motion for new trial when requested. The case successfully ends with the sentence of the defendant for all the offenses he is said to have committed and he serves his sentence on some conditions after which he is to be set free.

References

Goodfellow, Marianne, and Catharine Kilgore. "DUI Offenders' Beliefs about DUI Statutes and DUI Law Enforcement". Journal of Drug Issues, vol 44, no. 3, 2013, pp. 269-280. SAGE Publications, doi: 10.1177/0022042613500052