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Wednesday, February 20, 2013

DUI for Christmas for assistant U.S. attorney

And it almost went by unnoticed by the media. Until Maxine Bernstein at the O got a tip, apparently. The story of Kemp Strickland is here.

UPDATE, 2/22, 12:52 a.m.: As a reader points out, the O story was by Aimee Green, not Bernstein. We must have been having one our spells.

Comments (8)

2004 Toyota?
Don't those folks get paid enough to afford a better car?
Oh well with a one year license suspension he will be able to save up for a newer one. If he can keep his job.

I think his new insurance premiums will keep him in his old car for a while.

A motorcycle cop on I 84 at one o'clock in the morning. Sounds like there was more than one anonymous tip in this story.

I dunno. They might have started tailing him downtown. But it was Saturday night, Christmas weekend, around closing time for a lot of bars. The Man has been known to be out looking for drunks at that hour. Especially for those who are DWB (driving while black) as well as DUI.


His insurance may not go up.

Since he is in diversion, which avoids a conviction, there are only two ways his insurance co will find out his DUII.

1. SR22: People in diversion need only file an SR22 if they apply for a hardship permit to allow (limited) driving while their ODL is suspended.

2. Insurance checking his record. This USUALLY only occurs when someone is applying for a new policy (ie switching insurers). Since diversion avoids a conviction, his insurance co will not be told about it the way they are told about convictions.

A suspension for a breath test refusal shows up on a driving record. A diversion also shows up on a driving record. Otherwise how would DMV keep track of who's eligible for diversion and who isn't? A criminal conviction wouldn't be entered though - different record.

True but the insurance companies are not proactively notified about non-conviction events like that, the way they are made aware of convictions.

DMV eligibility is decided by the Court, not DMV & refusal to submit to a breathalyzer isn't a factor in determining diversion elgibility.

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