Is a Felony Conviction a Form of Retributive Justice

[viol8te]

A felony classification can be used to amplify what appears to be a defenda't disregard for complaince towards the commission of the same offense. I can't speak for other states, but here, you can qualify for a felony upgrade after repeat offenses of driving on a suspended license, DUI, telephone harrassment and others. The bottom line is that if the misdemeanor conviction is not enough of a deterrent, what else can the state do?

You have prior DUI and alcohol related priors in your background. You failed to attach the interlock to the car. It was just a matter of time before the court had to upgrade your case. Not to sound harsh, but what elses could they have done? They were looking to get you to understand the severity of the situation.

[crunchman]

I do realise I was making terrible decisions for a stretch there, so I did clean things up.I was physically dependant around the clock drinker.

Anyway, I don't think such a person should be blacklisted for life when they have never effected anyone (other than tying up the courts,etc)

But I get the feeling this will be permanent even with the 13-907 provision, I paid a heavy price for this including lose of career.This lifelong sentence is really perverse, I mean, are they trying to create criminals...Wow, I wish I didn't know now what I didn't know then.

[viol8te]

It seems that you have made some significant strides in your life. Unfortunately, some of the negative effects have already hit you. This felony status is not going to end you. A lot of people don't realize the consequences of their actions until something happens that seriously hinders their lives. Your previous history with alcohol related arrests is the biggest issue, not the court system. You're going to have a tough road ahead of you, but it can be done. You may not get the jobs you deserve based off your education, resume' etc... but, you gotta start somewhere.

[cdwjava]

I have not applied for the set-aside, my priors have to do with alcohol and DUI only, nothing that I would consider "real Crime", I understand you feel differently, no need to elaborate.

I may not NEED to, but I shall anyway.

The fact that you are in denial that what you did was a "real crime" terrifies me. All because you have not killed or injured anyone yet is purely luck, not a reflection on the dangers imposed by impaired drivers. In fact, I can provide you with horror stories regarding impaired drivers and death and carnage.

Have a child die in your arms as the remainder of his family is already smeared across the roadway and a repeat-offender DUI driver is screaming about how his rights were violated and how he intends to sue the deceased family's estate for the damages to his car, then see how you feel.

When approximately one third of all traffic fatalities involve alcohol-impaired drivers, it IS a crime, it IS a great risk to society, and repeat offenders deserve the distinction of a felony conviction. With luck, a judge will NOT grant your request for an expungement at least until you have come to realize the danger you posed to society. Clearly you spent a number of years flaunting the system and still did not learn your lesson.

I did quit drinking 3-yrs ago which obviously was thr root of thr problem. ARS 13-907 does mention prior felonies but not prior misdemeanors.If you prior felonies you must wait 2 yrs to apply, misdemeanors upon completion of probation.

Good for you that you are currently sober. But, abstaining from alcohol is only one part of the equation. Acknowledging the problem and the nature of your actions is another. Perhaps when you have come to acknowledge the nature of your actions and the risk you were to others you might then be able to convince a court that you have truly moved beyond those days and can look forward with optimism. But, if you apply for an expungement and argue that your actions were no big deal and the act of an over-politicized repressive regime, then you can expect a quick denial of your application.

[crunchman]

The sentence for the felony DUI was 6-months jail, about $8.000 fine, 5-yrs probation, 3-yrs D.L. revocation,1-yr interlock device, well

allow me to apoligize for being so optimistic, apparently I should be more concerned about basic survival at this point.I am well aware of

Dui statistics and just about everything that relates to it, ad nauseum.......Thanks for your perspective.

[viol8te]

Apparently, he just doesn't get it. Basic survival. Really?

[crunchman]

Well, I've done what I can do on my end.I guess the worst thing the gov't can do to a citizen, is strip them of their ability to earn an honest living, amazing!, very sick, but amazing.

[souperdave]

Well, I've done what I can do on my end.I guess the worst thing the gov't can do to a citizen, is strip them of their ability to earn an honest living, amazing!, very sick, but amazing.

You stripped you of your "ability to earn an honest living"! Let me say the next in simple terms as it is VERY apparent that you have issues that affect you on multiple levels; you screwed up, and not just once!!!

The ONLY fortunate thing about your history is it did not involve killing somone due to your REPEATED offenses. The shit of it is is that you were caught offending just a very small percentage of times that you were actually putting others in danger by your actions.

NOBODY SCREWED YOU UP BUT YOU!!!!!!!!! DEAL WITH IT LIKE A MATURE ADULT INSTEAD OF SOME SCHOOLYARD MISCREANT!!!

The only "amazing" thing is your lack of comprehension and your apparent terminal state of denial!

[crunchman]

Spoken like a true cop, "Every arrest is a good arrest"

I must have picked the wrong forum.

[souperdave]

I must have picked the wrong forum.

Another example of your storied history of bad decision making!