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South Dakota DUI Clusters Create Loophole

By Topher

In South Dakota, there is a legal loophole in DUI court cases that may be enabling those arrested for DUI to get off the hook for offenses that might otherwise be punishable, according to an article in the Rapid City Journal. The situations are somewhat exceptional, dealing with those arrested for DUI multiple times within a very short period of time. In these so-called DUI clusters, one case might still be left open and without a conviction entered on the record when another DUI arrest occurs with the same person. Because of constitutional presumption of an innocence, a person may be facing two charges of a first DUI at the same time, and not have to deal with the escalated consequences of multiple offenses. Take the case of 53-year-old Barbara Van Ekeren...continue to full post

Full post as published by The DUI Blog on July 07, 2010 (boomark / email).