Monday, August 9, 2010

GPS monitoring and alcohol offenders

Donald Dulock was arrested May 8, 2010 for driving while intoxicated. Since it was his second offense, the magistrate assessed a bond of $8,000.00 at arraignment. A little more than 9 hours later Mr. Dulock posted the bond and walked out.

From the Waco Tribune Herald Saturday July 31, 2010
The license was suspended June 12 because he refused to take a breath test after a traffic stop May 7, police said.

The above referenced report further explains Dulock was charged with Manslaughter and Failure to stop and render aid from an incident which claimed the life of James Milton Summers Jr., who worked at Baylor as senior consultant for faculty research for academic and research computing services.

In a recent visit with one local Justice of the Peace (unrelated to this case), we were told how the magistrate had ordered the DWI offender to have a vehicle ignition interlock device installed on his vehicle within 30 days. The magistrate said the defendant in that case filed for an extension which was granted. Before the extension expired, the defendant was re-arrested for DWI. Another magistrate pondered on the use of electronic monitoring for DWI offenders who tell the court they do not have a vehicle the device can be installed on.

Mr. Dulock’s case indicates not having a drivers license offers little incentive to not operate a motor vehicle. In another recent case, even being legally blind did not pose sufficient incentive. The reality is, not having a car is not a guarantee a person will not drive.

Why GPS? Seymour Detection Services goes to the jail and installs the device before the offender is released. The ankle bracelet detects the ethanol level of the wearer and notifies the monitor with an alarm when the ethanol level becomes elevated, indicating consumption of alcohol.

Would Mr. Summers still be alive if the magistrate had ordered electronic monitoring as a condition of bail? There are too many variables for anyone to say conclusively. Alcohol Monitoring with GPS real time tracking is a higher level of supervision than was required in this case. Alcohol Monitoring also provides an incentive for an individual to abstain from the use of alcohol.

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