It’s really sad to see our legal values deteriorate before our very eyes. One of the underlying themes in criminal justice is the presumption of innocence UNLESS proven guilty. However, this currently does not apply to DUI!
That is because DUI is the most politically charged crime in the United States today and through the media, powerful DUI lobbies like MADD have lead a calculated disinformation campaign. Their propaganda is aimed at brainwashing the public to the point that anyone accused of a DUI is assumed to be guilty. On top of that, the ways the laws are structured cops don’t need any solid evidence to arrest and charge you with a DUI. It’s a perfect example of “You’re Guilty Because I Said So”.
Take this recent example:
GROVE CITY, Pa. — A citizen in a western Pennsylvania school district is threatening to sue to prevent a man from taking the superintendent’s job because he’s awaiting trial on charges he drove drunk while his blood-alcohol content was nearly four times the state’s limit.
The point here is the man is awaiting trial on Pennsylvania DUI charges- nothing has been proven yet. This citizen who is suing is making a broad assumption based on the DUI accusation without giving the man accused a chance to defend himself in court. Unfortunately, this type of rationale is prevalent amongst folks and this mindset spills over to jury members who walk into the courtroom assuming guilt in DUI cases. Of course, the media plays a big role in cultivating this mindset through sensationalist articles which do not mention all of the facts. For example, here in Pennsylvania local newspapers print the names of all the people arrested for DUI, publicly humiliating them, but never print a retraction or even a mention of the many people who go on to be acquitted of these charges. Once again it’s the presumption of guilt in DUI cases.
This is one of my main motivations behind this blog, to educate all people on the dangers of assuming guilt.
DUI defense lawyers are encouraged to post any interesting stories about the dangers of assuming guilt in the comments below.
Justin McShane
PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.