Creative Justice?... [CNN] (fwd)
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From ravage@ssz.com Fri Jan 2 20:33:21 1998 From: Jim Choate
Message-Id: <199801030233.UAA16279@einstein.ssz.com> Subject: Creative Justice?... [CNN] To: users@ssz.com (SSZ User Mail List) Date: Fri, 2 Jan 1998 20:33:15 -0600 (CST) Cc: friends@ssz.com (Ravage's Friends) X-Mailer: ELM [version 2.4 PL23] Content-Type: text Content-Length: 2327
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DRUNKEN DRIVER ORDERED CLOSER TO LIQUOR STORE
graphic January 2, 1998 Web posted at: 8:39 p.m. EST (0139 GMT)
CINCINNATI (Reuters) -- An Ohio judge has ordered a chronic drunken driver to move within easy walking distance of a liquor store or face jail.
In a sentence meted out on New Year's Eve, Hillsboro Municipal Judge James Hapner ordered Dennis Cayse to move within "easy walking distance" -- defined as one-half mile or less -- of a liquor store within 30 days or face a potential 1-1/2-year jail sentence for drunken driving.
It was Cayse's 18th conviction for drunken driving. He was also sentenced to spend the first week of each of the next five years in jail.
The judge also directed that Cayse, who lost his license years ago but continued to drink and drive, be handcuffed to the passenger-side door or be seated with someone between him and the driver anytime he travels.
University of Cincinnati law professor Christo Lassiter said the multiple sentence passed constitutional muster.
"It appears to me that this sentence is neither unconstitutional nor inappropriate," Lassiter told Reuters Friday. "It looks to me like the judge felt that there was nothing he could do to keep the man off the road except to make him move to where he could walk to buy his booze."
Hillsboro is a town of 6,000 just east of Cincinnati.
"For as long as I have been associated with law enforcement, I have never heard of such an unusual sentence. It's very squirrelly," said Lt. Ronald Ward of the Highland County sheriff's office.
"I have known Dennis Cayse a long time and I've never seen him sober except when he was in jail," Ward said. "His lifetime record shows that if he is not in jail, he's going to drink and drive."
A spokeswoman for Mothers Against Drunk Driving denounced the sentence, saying it was too lenient and sends the wrong public message.
Copyright 1998 Reuters Limited. All rights reserved.
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Jim Choate