Readers comment on Steve Gunn's column on new fees for drunk driving cases

The Muskegon Chronicle By The Muskegon Chronicle The Muskegon Chronicle
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on August 13, 2011 at 9:34 AM
steve-gunn80.jpgSteve Gunn
Steve Gunn's Aug. 10 column, "Fees shouldn't penalize people for exercising their rights," about recently approved court fees that will be added on to Muskegon County drunk driving cases drew a lot of reader interaction.

Gunn wrote: Trial by judge or jury is a fundamental American right, regardless of how much it costs the government. I'm not sure the county should be devising a system that penalizes people for exercising that right.

Here's what Chronicle readers had to say:

Commenter chuck2 warns the fee system could expand into other areas:

Be careful for what you wish, today drunks get "their justice" and tomorrow maybe the guy whose yard was to long, or pedal biker for not yielding etc, Got to remember that given chance, government always starts with this sort of stuff, then expands it. Want to see worse, TX now has law where loser in some court cases pays ALL other sides legal expenses, so again, be careful of what you wish for, just might happen.

Commenter localattny believes similar laws have been struck down by higher courts:

The Federal District Court in the Eastern District of Michigan recently struck down this same practice in Oakland County. Oakland Prosecutor's were charging a fee of around $350 for each drunk-driving as costs of prosecution. The Federal Court ruled that they couldn't charge the prosecution fee unless they could specify what "extraordinary costs" the prosecutor's office incurred as a result of that particular defendant's case. The notion came from the point that prosecutors are already paid to prosecute cases using tax dollars through the County Board. County budgets are supposed to be analyzed and funded to project how many jury trials there are likely to be and what they will approximately cost. Otherwise, what is to stop the prosecutor's office from charging a fee on EVERY criminal case? So, costs of prosecution should only be ordered if the prosecutor can show that they incurred some out of the ordinary cost, like a privately-paid expert. But, what do I know.

racerchaser24 says allowing a beer tent doesn't mean the county condones drunkeness:

Mr Gunn, I would have to say the city may be encouraging you to drink, but not necessarly alcohol. These events you mention also serve water, softdrinks, and probably juice such as lemonade. The choice is up to the individual. Having alcohol vendors or beer tents is what the public want. If an individual chooses alcohol, that's their choice. I wouldn't say the city is encouraging drunk driving, they're encouraging you to come out and support your community and have fun. If you can't do that without getting drunk, than you shouldn't be there.
Now as far as the fees go, you don't have to pay them if your not found guilty. Pretty simple. If you drink, don't drive. That's being a responsible adult. If I'm going to consume an adult beverage, I either stay home or have my wife drive. Even if I have just one beer. It's not worth the hassle or the money.

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