Friday, November 12, 2010

Blog Stage Six

On Friday, Oct. 29th 2010 my fellow classmate, George Aguillon, wrote an article entitled “Abdallah’s Law.” This article discussed a new piece of legislation being spearheaded by Rep. Chris Turner referred to as “Abdallah’s Law.” The new law being proposed will allow the use of previous DWI convictions in other states to be admissible in the state of Texas. Previously, in the state of Texas, prior DWI convictions in other states were not a factor in cases pending in Texas. One of the reasons why this is an issue is that most states, such as Ohio which is a factor in the reasoning behind the law, constitute DUI’s as a misdemeanor while Texas constitutes DUI’s as a felony.

The article Abdallah’s Law is a well written article. The author showed he researched his topic extensively prior to posting an opinion on the subject. When reflecting his opinion, the author did not revert to the use of raw emotion to win over the reader but instead used scientific reasoning and observable data to reason with the reader. It allows the reader to be pulled into the subject, to become informed of the topic of debate and left to coming up with their own opinion without being forced or coheres into a conclusion or taking on the same side as that the author may carry.

Do I agree with the article? I am left undecided. I am fine with and support the proposal to include the admission of DUI convictions from other states in current states being prosecuted in Texas. There is no federal law dictating a standard for DUI and so it is left up to the states to interpret the consequences of a DUI. Some have an issue with this but forget that the United States is, in a way, a confederation of states that has unified under a national government but still each one retain a level of individual sovereignty. If Texas wants the ability to classify DUI’s at a felony level and allow admission in court of other states convictions they should retain the right to as long as they are not prosecuted for those crimes committed that violated those state laws and not the laws of Texas.

However the problem I see with the current law is the structure that follows. If previous convictions are allowed, what will then happen? Longer sentencing for those convicted in the state of Texas? More individuals placed behind bars? Are the current laws and programs in place a successful deterrent towards those that drive while under the influence so that if other individuals come into the state it will deter them as well? How much will the unintended consequences of this law cost the tax payers? One cannot put a price on life so if the author addressed this subject with maybe comparable statistics such as a decrease in the amount of roadway fatalities with an increase in the severity of DUI laws that would go above and beyond in addressing many tax paying citizens questions or concerns.

Again, in my opinion George Aguillon wrote an excellent opinion article.

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