Register should stop publishing DUI lists
By Don Whitworth
November 26th, 2009
November 18th, 2009
November 11th, 2009
November 6th, 2009
November 3rd, 2009
Correct me if I’m wrong, but it is my understanding that despite numerous complaints and objections, the Napa Valley Register editorial staff insists on publishing the names of persons arrested for misdemeanor offenses within the county, mainly, that is, for driving under the influence of alcohol.
As we all know, alcohol is a legal drug and this very valley derives millions upon millions of dollars annually, as well as huge amounts of tax dollars, from the sales of Napa Valley wines. I and many others strongly object to the publication of the names of persons arrested for misdemeanor DUI violations.
Most people misunderstand what a DUI charge even is. It is not “drunk driving” as is the common misconception. It is driving “under the influence” of alcohol or drugs, and at the current level of .08 being the legal limit for blood-alcohol content, even two beers or glasses of wine for most people is enough to get you arrested.
You need not be “intoxicated” to be arrested for DUI.
The fact is that most persons arrested for this reason are hard-working, responsible, tax-paying citizens. The laws are currently quite brutal regarding DUI. On a first offense, the charge results in being taken to jail, sometimes having your vehicle impounded (at no small expense), the loss of one’s driver’s license, very stiff fines, often community service work, lawyer’s fees, required attendance at a DUI educational program (again, at no small expense), as well as the social stigma attached to it. Losing one’s driver’s license on a first offense causes great imposition on most people, making it very difficult to get to and from work to pay for the immense expenses involved.
Many cities publish “police blotters” but do not print the names of those charged with misdemeanor crimes. Because the Register chooses to do this, it often results in the loss of a person’s job in addition to all the other penalties surrounding a DUI charge. I personally know of three people who have lost their jobs in the past year due to their names being published in the Register. This cripples a person’s ability to pay all the costs involved and often punishes spouses and families also, who are innocent victims of the financial devastation. Punishment for driving under the influence is often more severe than that of far more serious and violent crimes, such as assault, spousal abuse, etc. Not to mention that studies have shown that cell phone use and texting while driving are actually much more dangerous than driving under the influence, as is excessive speeding. Yet those “crimes” warrant far less severe penalties and probably almost never result in the loss of a job.
Please do not misunderstand; I am not defending driving under the influence of anything. However, I feel that the current penalties are definitely punitive enough already without having to add insult to injury by publishing the names of persons charged with this offense. The damage can be totally devastating to entire families when one loses their job because of the Register’s decision to inflict even more punishment than the law requires, especially in this economy where good jobs are scarce.
I strongly encourage the Register to reconsider its policy and refrain from publishing people’s names. Listing the offenses such as “a 25-year-old female was arrested on suspicion of DUI” informs the public without destroying the offender. It is not the Register’s job to pass judgment on offenders, nor to inflict penalties outside of what the courts have deemed as “appropriate” punishment. The Register seems to think it should be the “judge” instead of the journalist. This policy should be changed. I encourage others who agree to make it known to the Register and let the courts, not the newspaper, do the sentencing. Thanks for your consideration.
(Whitworth lives in Napa.)
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Skip M. wrote on Sep 16, 2009 4:46 AM:
Many communities publish "John Lists" for people that get popped in prostitution busts. If you don't want your name on one of those lists, steer clear of the hookers.
We see people's names are listed when they are arrested on SUSPISION of drug posession. They too are innocent until PROVEN guilty. But we can avoid this type of noteriety by staying away from situations where one is more likely to get busted.
There are simple solutions to each of these scenarios. If you want to drink, stay home, or take a taxi. If you want to - boink - and don't have a partner, there are internet sites that are in the business of connecting boinkers.
If you want to get high, not that I am promoting illegal activity, be descrete.
Every person I know that has ever been arrested for anything, including speeding tickets, had one thing in common. Each was execising poor judgement at the time of the arrest. A lack of common scense can net a whole lot of trouble. "
glenroy wrote on Sep 16, 2009 6:36 AM:
reader wrote on Sep 16, 2009 7:06 AM:
Keep our roads safe. Don't drink and drive, period!! "
treeman wrote on Sep 16, 2009 7:25 AM:
Skip M is completely correct and I concur.
The publication IS a deterrent.
Napa Register; keep up the publication! "
whoa cowboy wrote on Sep 16, 2009 7:41 AM:
krusty wrote on Sep 16, 2009 8:29 AM:
I have a hard time defending those convicted of a DUI. It was a decision they made. Granted, they may have not been in the clearest state of mind when they made that decision, but they now have to pay the consequences. "
NAPANATIVE wrote on Sep 16, 2009 8:40 AM:
winewoman wrote on Sep 16, 2009 8:43 AM:
sprklsunshine wrote on Sep 16, 2009 8:51 AM:
realitybites wrote on Sep 16, 2009 9:52 AM:
For all the vengeful haters who insit on holding others up for ridicule for a victimless crime - judge not lest ye be judged. Who hasn't sped, or driven while talking on a cell phone, changed lanes without a turn signal? So that we can all be safer, why don't you spiteful people who want to shame others put your own names in the paper voluntarily? Nazi Germany had lists too, as did Salom. What's next, pitch forks and torches - let's round um all up so we can publically humiliate them some more. The fact is the Napa Valley thrives off drunk drivers. You cannot visit two wine tastings without being impaired - this is just plain hypocracy and publishing the names of DUI offenders is just spiteful, mean spirited and vengful. Shoot, the NVR can't even print the name of the H1N1 victim - but we'll make sure to let you know when someone get's a misdeameanor, victimless DUI. Ridiculous! "
KK wrote on Sep 16, 2009 9:53 AM:
It's a way bigger problem than I imagined. Aside from people in my personal life bringing it up, I've had people at my work ask me about it!
It's humiliating. Thanks Register. "
alucawanza wrote on Sep 16, 2009 10:05 AM:
Someone close to me was arrested many years ago for attempted burglary. His name was printed in the newspaper. All charges were dropped when it was discovered that he was not attempting burglary. His exoneration was never printed.
I think this list appeals to the baser characteristics of human curiousity. Let's rise above this. "
napagirl76 wrote on Sep 16, 2009 10:09 AM:
treeman wrote on Sep 16, 2009 10:22 AM:
Responsibility,accountability, and credability for your own actions, need to be adheared to in this society.
The register simply helps you hold yourself to hopefully self imposed values! "
tripnote wrote on Sep 16, 2009 10:51 AM:
Waited another hour, blew .08, waited another hour blew .06. Drove home.
I felt fine and would have driven after the first hour.
I bought my own breathalyzer off Amazon for $40 - saved thousands and my name is NOT the paper thank you. "
Bauhausfan wrote on Sep 16, 2009 10:51 AM:
The absolute absurdity of someone writing this statement is beyond the pale. I don't quite get how someone being "under the influence" and driving a car or truck with the distinct possibility of killing or maiming someone is somehow a "victimless" crime. I guess because only some of the time people are killed or maimed it is somehow victimless? Or mostly victimless until it isn't. "
Raven wrote on Sep 16, 2009 11:09 AM:
deterrent effect....show us the data...have rates changed at all since publishing this list began....? "
msdemo wrote on Sep 16, 2009 11:13 AM:
EverE wrote on Sep 16, 2009 11:21 AM:
When I scan the list I always hope to find that the majority of people charged are not from Napa. But so far I have always been disappointed. "
napabicycler wrote on Sep 16, 2009 11:30 AM:
Victimless crime? Ever heard of MADD? Tell them its a victimless crime. "
littlered56 wrote on Sep 16, 2009 11:40 AM:
I hope the NVR will continue to post the information. If people cared about obeying the law they just would not drink and drive. "
newlocal wrote on Sep 16, 2009 12:26 PM:
reason-ator wrote on Sep 16, 2009 12:47 PM:
This list is all about giving gossips something to talk about behind people's backs.
You won't truly appreciate this list until someone asks you about a DUI they think you have when you have never had one. And then you start to think about all the people who THINK you have a DUI and don't have the guts to ask you about it, but can ask everybody else.
The NVR will always be a small-town tabloid as long as they stoop to this level. Now, I personally can't accept anything the NVR pubishes as fact until I see it verified by a legitimate newspaper.
The NVR has strived to be at this level, because it's easier than being good. "
Skip M. wrote on Sep 16, 2009 1:17 PM:
Speeding is victimless UNTIL, that speeder loses control and crashes into a minivan, killing a family on their way to church.
Running a stop sign or traffic light is victimless UNTIL, that control violator hits and kills your grandmother as she was crossing in the crosswalk on her way to the market.
Many crimes start off victimless, until someone is harmed. "
realitybites wrote on Sep 16, 2009 1:29 PM:
Blood / breath ration changes from person to person and even changes in the same person depending on a wide range of factors. Your $40 devise is set to a ratio that may be inaccurate depending on what you ate, how much you drank, what you drank, how you drank it, whether you've been sleeping, etc.
No one said the majority of offenders on the list were from out of town - which is why it's so hypocritical - Napa Valley promotes and thrives off of drinking and driving - that's how Napa Valley became such a huge tourist attraction - wine tasting - how do you get to the winery and then from winery to winery - YOUR DRIVE.
A public list is what they did in Nazi Germany people. Public humiliation is what they did to alleged "witches" in Saom. "
realitybites wrote on Sep 16, 2009 1:36 PM:
To make everyone safe, we should all be required to give blood at every traffic stop to make sure your not on perscription drugs or alcohol or steroids or . . . Ridiculous.
The roads aren't safer as a result of this list. That's like saying the Puritan men were safer because they knew who the adulterer was. "
wined0wnnapa wrote on Sep 16, 2009 2:11 PM:
Please post names of all people written citations for texting / cellular phone use. I find them just as dangerous as drunk drivers. Also please post names of all sex offenders in napa and when they were last checked by their parole officer. Also please post names of all people reported to CDC for any type of communicable disease like HIV or STD's. This is information the public can use. "
angwindeac wrote on Sep 16, 2009 2:59 PM:
--Maybe you all should have used cabs to get your friends home.
This country needs to embarass people, nothing else seems to work. It is common sense not to drink and drive or text or use the cell but we now have enough folks that believe it is there right to do these things with no thought to others that this kind of thing is necessary. Don't like it don't do stupid things that endanger the rest of us. "
msdemo wrote on Sep 16, 2009 3:00 PM:
It seems it is very hard for some to say Yes I did and Yes I was wrong but I learned a good lesson. "
YoungNapan wrote on Sep 16, 2009 3:01 PM:
Except guess what, realistically... ridicule isn't what these drunk drivers are thinking of when they commit the crime. What they're selfishly thinking of is how they need their car in the morning and the inconvenience of picking it up. If the data and stats show that this publishing of names doesn't help, then quit it.... "
YoungNapan wrote on Sep 16, 2009 3:10 PM:
post-it wrote on Sep 16, 2009 3:48 PM:
realitybites wrote on Sep 16, 2009 4:09 PM:
Praetorian wrote on Sep 16, 2009 4:58 PM:
The common view of the medieval justice system as cruel and based around torture and execution is inaccurate. Most criminals received gentle sentences merely meant to shame them, with the punishments often carried out in the open. The majority of lesser medieval offenses were punished by shaming the criminal publicly. Fastening the offender into stocks wasn't considered barbaric and was seen as a much better alternative to spending the time in jail.
If of legal drinking age, having consumed your alcoholic beverage of choice and you have any doubts...don't drive. Call a cab, call a friend. You are, after all an adult, know right from wrong and have the right to free will. If you are guilty of an infraction and it goes on the PUBLIC record and a local paper deems it worthy for printing so be it. Perhaps the spectre of the negative social implications will act as a deterrent and force some to consider the ramifications of their actions and take some responsibility. "
John Richards wrote on Sep 16, 2009 5:01 PM:
So if you had been hit by a driver chatting on a cell phone, you agree that cell phone users should also have their names published on a shame list? Where does it end? "
krusty wrote on Sep 16, 2009 5:22 PM:
Skip M. wrote on Sep 16, 2009 6:21 PM:
An automobile is a deadly weapon when used inappropriately. DUI, and Speeding are the same as taking that gun and shooting in the direction of your house. These crimes put the public in harms way. This is why we enforce the law. This is why those who choose to be irresponsible run the risk of getting their name in the paper. "
3030 wrote on Sep 16, 2009 6:44 PM:
savenapa wrote on Sep 16, 2009 7:11 PM:
Besides, the Register might be hit with a lawsuit from PETA, ACLU, or ACORN for targeting a particular ethnic group in the DUI Files. "
pharper wrote on Sep 16, 2009 7:26 PM:
Don't like it? Don't drive drunk. An employer has every right to fire an employee who is so irresponsible as to be driving drunk.
Would an acceptable compromise be to continue printing the list and disallow comments on it? "
realitybites wrote on Sep 16, 2009 7:43 PM:
Cabs don't operate throughout the valley. Not everyone has a "friend" to call to drive them.
How about a DUI check point on Saturday or Sunday afternoon on Hwy 29 between Yountville and St. Helena? You people who scream about the scarlet letter DUI list should use your pitch forks to prod local law enforcement to put an end to the drunk driving that occurs on a regular basis.
Follow the money - this isn't about preventing druken driving. It's about selling newspapers. "
Bimgroup wrote on Sep 16, 2009 9:48 PM:
And for those of you who question wether or not there is profiling going on, just read the names. "
napa1957 wrote on Sep 16, 2009 11:00 PM:
Wine nurse wrote on Sep 17, 2009 11:21 AM:
My daughters cousin was listed and her last name is not common at all she received many phone calls .In return called her grandmother who didn't know anything about it, oh well, he shouldn't have been drinking and driving. "
realitybites wrote on Sep 17, 2009 12:33 PM:
3030 wrote on Sep 17, 2009 3:58 PM:
savenapa wrote on Sep 17, 2009 5:24 PM:
Of course I know about ACORN! One has to be pretty serious to not know I was being sarcastic, especially since I brought up PETA as well. (people for the ethical treatment of Animals) Sheesh.... and to think people actually thought I was really broken up about profiling?
I have some Georgian swamp land for a great price folks@ "
megapixel wrote on Sep 17, 2009 9:21 PM:
The effectiveness of publishing the names depends entirely on correctly framing the question, 'effective in what?' If we ask, 'effective in shaming the offender' the answer is maybe.
If the question is whether publishing the names acts as an effective deterrent, the answer is no. I challenge anyone to submit sound data that will prove me wrong.
Rather than relying on a 'Thou Shalt, Thou Shalt Not' mentality we should foster, 'I Shall, I Shall Not' thinking that encourages an individual to behave as a responsible member of society who doesn't drive under the influence.
Publishing the names does absolutely nothing to contribute to a safer Napa. "
suze wrote on Sep 18, 2009 6:29 AM:
I absolutely agree with Don Whitworth, he has writtten a fine argument against the list.'
The Napa Valley thrives on the alcohol industry. The fact that it so damaging to society when used to excess seems to have no affect on our lawmakers allocating taxation.
We could fund education AND healthcare with more taxation on alcohol!
When one can get drunk for two dollars you know something is wrong with the picture.
Look at the punitive taxation on those who choose to smoke tobacco. Don't try to tell me alcohol only harms the person drinking it.
One thing that did strike me when I looked at the list is there are very few 'out of towners' (tourists) and an awful lot of Hispanic names. Hmmmn.
It would appear to me that there is a policy to protect the tourists who keep the economy of the valley going. THEY DRIVE DRUNK ROUTINELY - so why are so few intercepted by the CHP?
There will always be out of control people who drink to such excess they are a danger to all around them. This list is not going to stop them.
For a healthy adult who drinks wine or beer regularly, one or two glasses would not truly impair them. Many over the counter cold or allergy medicines would have more effect on judgement and reflexes.
The drunk driving laws are harsh and probably a good thing but this list is an unnecessary punishment. "
rborgo wrote on Sep 18, 2009 10:58 AM:
grownhere wrote on Sep 18, 2009 4:33 PM:
RN wrote on Sep 18, 2009 6:48 PM:
Skip M. wrote on Sep 18, 2009 8:46 PM:
Napa1021x wrote on Sep 18, 2009 10:47 PM:
LateNightLarry wrote on Sep 18, 2009 11:06 PM:
The whole county there knows what you're doing, and when you've been caught with your hand in the cookie jar, so to speak. If you're stopped for speeding, your name will be in the paper next week, even if you're let off with a warning.
I vote to keep publishing the DUI convictions... that way I know who I don't want to ride with! "
megan1459 wrote on Sep 19, 2009 2:20 AM:
I do not condone drinking and driving whatsoever. But publishing these items in the NVR is just appalling. NVR claims to be an upstanding paper, yet continues to fuel the clique-of-napa-gossip fire.
To NVR: instead of trying to pave your way to being "unique" and "fresh", stick to methods that are proven to keep loyal readers! Possibly NVR could follow in the footsteps of the SF Chronicle. I rely on the info from the SF paper more so than that of my own town's paper. I would rather compromise locality for legit information.
I post on here only because it tends to reach the majority of concerned napa residents. "
proudmama2 wrote on Sep 19, 2009 7:30 AM:
savenapa wrote on Sep 20, 2009 11:25 AM:
onethought wrote on Sep 21, 2009 10:51 AM:
broke new mom wrote on Sep 21, 2009 1:32 PM:
You took the words right out of my mouth.
Some people are so obsessed with what others are talking about, but here is the thing- If you drive drunk, or impaired in any way- you take a risk of being caught, or dying in an accident.
Would you rather be shamed publicly, or be dead? Either way, you must suffer the consequences for your actions.
We are adults- not children that don't know any better. Take responsibility and stop worrying so much about people knowing what you did wrong. If you were that worried about all of Napa finding out- you should not have done it in the first place!
Get it together and grow up people! It's plain and simple and should not even be up for discussion. "
realitybites wrote on Sep 21, 2009 2:54 PM:
realitybites wrote on Sep 21, 2009 3:12 PM:
areyoubitter wrote on Sep 21, 2009 5:13 PM:
wheezygirl wrote on Sep 21, 2009 11:14 PM:
napahawaiinapa wrote on Sep 22, 2009 3:02 AM:
napahawaiinapa wrote on Sep 22, 2009 3:29 AM:
Raven wrote on Sep 22, 2009 1:26 PM:
there is this from the asnnouncement of the Napa County task Force on DUIs formed in september 2008...
• Napa County’s DUI rate is more than twice the state average
• Males comprise over 80% of all DUIs in Napa County
• Young adults between ages 20 and 29 have the highest rate of DUI in Napa County
http://www.co.napa.ca.us/GOV/Departments/50000/Forms/NapaCountyFormsDUITask%20Force20080910.pdf
according to the state the DUI arrest rates for 2007, the latest the DMV had on its web site, was 863 arrests per 100k drivers, which has been climbing from a low of 783 per 100k in 2002
http://www.dmv.ca.gov/about/profile/rd/duistats89_99.htm "
riley wrote on Sep 23, 2009 2:20 PM:
realitybites wrote on Sep 23, 2009 2:55 PM:
Lexme2 wrote on Sep 23, 2009 2:59 PM:
oldtownnapa wrote on Sep 29, 2009 1:14 AM:
riley:
The publication of this List doesn't prevent drunk driving/ drunk driving injuries. It won't save anyone from injury or death from a drunk driver- unfortunately.
What it does do is lump together a month's random smattering of people found driving "legally impaired" (not "drunk" but "over the limit") across the spectrum to really really really drunk. None injured anyone else, however or it'd be a felony. Some didn't even get a DUI conviction- some got a wet & wreckless, for e.g. listed beside others that drove over double their bac. Listing these names in conjunction with repeated commentaries that discuss drunk driving related injuries/death creates projected blame unfairly placed. These stories stir the ire of the reading public and connects in their minds the image of a horrible, wrongful death to the distinct crime here of driving over the limit- and then puts their names out there at the same time on the same page. The arguable result is that those listed will suffer discriminatory results and unquantifiable animosity within our community for a crime they didn't actually commit... another reason to stop this List. "
Skip M. wrote on Sep 30, 2009 1:25 PM:
The news business is just that, a business. Media companies such as NVR are in business to sell a product. That basic product for the Napa Register is newspapers. The companion product for NVR is advertising. In fact, I would be willing to bet that the subscription or news stand price does not reflect the true cost to publish and distribute the Napa Register. My guess is that the real profit$ are in the adverti$ing revenue. If you really want NVR to stop publi$hing the DUI li$t$, go to the companies who’s ad$ appear on that page and tell them that you will no longer do bu$ine$$ with them as long as their ad$ appear on that page. If enough people do that, NVR will drop that feature because it will be bad for bu$ine$$. However, if, like me, you find the DUI list to be a good public service, you might want to seek out the companies that adverti$e on that page and buy their product$ and $ervice$. And as you are conducting business with these establishments, tell them you are doing so BECAUSE their advertising sponsors the DUI list. Like mo$t thing$, it all come$ down to the bottom line. "
oldtownnapa wrote on Sep 30, 2009 11:47 PM:
Rape= Felony
Violent Crime
Victim
Murder=Felony
Violent
Specific Intent Crime... Unlawful Killing of Another w/ Malice Aforethought
Victim
Theft (if over $400 or 2nd Petty Theft or more)=Felony
Specific Intent... Take Property of Another
Victim
Assault= Misdemeanor or Felony dependent on gravity
Violent Crime Against a Person
Victim
Embezzlement=
Felony
Specific Intent... to Defraud
Victim
DUI or Wet-Reckless=
NOT a felony...
NOT a violent Crime...
NOT specific Crime...
NO Victim
In sum, it is a LESSER crime than those you cite and thus not a proper corrollary.
So, to be FAIR, NVR should publish lists inclusive of all convicted of reckless driving violations- running red lights; excessive speeding & FRANKLY: texting while driving. It is wrong to stigmatize this group only.
For all of you harping that it is "public record"- well so are those other violations. Further, public records are typically on back pages - not referenced/listed on the very front. "