In a noble attempt to reduce deaths related to drunk driving Dr. Leon Owens, father of Jacob Owens a 21 year old drunk driver who lost his life after crashing into a tree, has founded, “The Teachable Moment Foundation”.
Reportedly he also spent years with lawmakers to change existing laws that punish drunken drivers.
Owens approached state Sen. Dave Cox and persuaded him to author Senate Bill 547. Assemblyman Dave Jones co-authored the bill, which passed August 18, 2005, and was signed into law by Govenor Schwarzenegger Septemmber. 2, 2005.
The bill required that from Jan. 1, 2009 until Jan. 1, 2010, the cars of repeat DUI offenders be impounded for 30 days as part of a pilot program in Sacramento. In addition to having their vehicles impounded, offenders could participate in an intervention program after being released from jail.
The law still is in effect, even though Jan. 1 has passed. Owens is reaching out to finance the additional costs for impounding vehicles and continuing the motivational interviews, which are a part of the intervention program, through private donors and the California Office of Traffic Safety.
The University of California at Davis School of Medicine, University of Michigan School of Public Health and local law enforcement agencies have pooled their resources to implement SB 547 and make the Teachable Moment Foundation a success.
The foundation claims their focus is on reaching those with drinking problems immediately after their release from jail. “This is when they’re most vulnerable and most willing to discuss their substance abuse problems.” A questionnaire and motivational interview are offered when the offender is released from jail and participation is voluntary.
This interview may be in violation of arrestees Constitutional 4th Amendment right against self incrimination. The 4th Amendment protects the public from unreasonable search and seizure by law enforcement. The arrestee is advised in part that, “They have the right to remain silent and anything they say may be used against them.”
While this protection applies specifically to prevent law enforcement from conducting interviews and interrogating arrestees who elect to remain silent it also applies to agents operating on behalf of law enforcement. In other words, it is not illegal for non-law enforcement to question or interview an arresting outside of Miranda’s protection unless the the person(s) conducting the interview are acting as an agent of law enforcement.
The legal issue is whether the Foundation is considered to be an agent of law enforcement. Reports indicate that law enforcement is providing financial assistance to the foundation suggesting some relationship exists. However, it is questionable whether local judges, concerned more about keeping their jobs than enforcing constitution rights of the accused, would enforce Miranda under such circumstances.
It seems when it comes to DUI accusations, once again it appears that “Justice” is a one way street, the judge is driving the district attorneys bulldozer and the defendant and his constitutional rights are walking against traffic. This approach is fine as long as you are willing to accept the proposition that the accused is GUILTY UNTIL PROVEN INNOCENT.
John Campanella
Sacramento DUI Lawyer
