DUI Offenders May Be Publically Shamed On Facebook

A city famously known for its surfing may try to tackle the city’s infamous issue of DUI fatalities by publically shaming those convicted of drinking and driving on Facebook. A councilman in the city of Huntington Beach, California has proposed publically posting the mug shots of individuals who have been arrested for DUI more than once. While the proposal is novel, it has been met with privacy concerns and concerns by the city’s police department that it may disaffect city residents.

The councilman that came up with the proposal said that if shaming people saves lives then the measure should be passed. The city of Huntington Beach’s second name is Surf City and the city is crowded with bars. The population Huntington Beach is around 200,000 and among 56 similarly sized cities in California it ranks number one in DUI related traffic fatalities.

Two years ago in 2009, nearly 200 people were killed or injured in traffic accidents that involved drinking and driving. During that same year, nearly 1,700 arrests were made for driving under the influence. A local criminal defense attorney says there is a saying in the city, “Come to Huntington Beach on vacation, leave on probation.” The idea for the electronic public shaming was created when the local newspaper stopped printing arrests. So far, only a few of the worst offenses of DUI have been posted and those were cases where the suspect had not been arrested and police believed the suspect was a danger to the public.

The police department is not in favor of the public shaming policy because the department believes it could have negative consequences on the already successful relationship it has with the public in Huntington Beach. The city’s police officers have found the department’s Facebook page as a beneficial tool in gathering tips and disseminating information to the public. The police department worries that users of the department’s page could be repelled by regular public shaming of DUI offenders.

Source: Star Tribune, “Post This on Facebook? Calif. Surf City Considers Electronic Wall of Shame for DUI Mug Shots,” Thomas Watkins, 1/18/11

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Can Past Allegations of Sex Crimes Be Used Against You in Minnesota?

One question people charged with a sex crime in Minneapolis, MN, ask is: Can past allegations of sex crimes be used against me? Under Minnesota Rules of Evidence, past sex crime allegations aren't admissible as evidence in court to prove a suspect's character and argue that it contributed to the commission of the current crime. However, there are circumstances in which the court may allow prior allegations or bad conduct as evidence. These circumstances include when the prosecution can demonstrate that prior allegations or acts are key to establishing intent, identity, or pattern of bad conduct related to the current crime.

What If The Alleged Victim Was Drunk? Minnesota Consent & Alcohol Laws

Under Minnesota consent & alcohol laws, it is unlawful to engage in sexual contact or intercourse with someone drunk or intoxicated to a degree that prevents that person from consenting, understanding, or keeping his or her actions in check. Simply put, you should avoid sexual contact with a person who visibly looks impaired by alcohol, drugs, or other intoxicating substances.

How Long Do Police Have to File Drug Charges in Minnesota?

People facing arrests or under investigation for drug-related crimes often wonder: How long do police have to file drug charges in Minnesota? Once police officers conclude their investigations and arrest you for drug trafficking, the law bars them from holding you in custody for long. But, even if they can't keep you in jail, the Minnesota statute of limitations allows the prosecution to file the charges within three (3) years of arrest.