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

You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.
People arrested or charged with a crime may wonder, “How long do I have to get a criminal lawyer?” There is no strict deadline to hire a criminal lawyer in Minnesota. However, it’s advisable to hire one immediately if you get arrested, charged, or are under investigation for a crime. Getting legal representation on time protects you from making mistakes that can compromise your case. It also allows your lawyer to build a solid defense strategy that can increase your likelihood of getting a positive outcome from your case.
Continuance is what a court grants to delay proceedings. The parties in a criminal case (the prosecution and defense teams) may agree to a continuance to get more time to prepare for the proceedings. There are many reasons that push your defense lawyer in Minnesota to seek a continuance. A good example is when the other party presents surprise witnesses or evidence, requiring more time to work on a new defense. You can also request a continuance if you want to replace your lawyer, especially if you feel you are not getting sufficient representation.