Judge Peyton Hyslop reasoned,

"While sitting at home in a wheelchair taking prescribed medication, a person could be charged and convicted of DUI," said Hyslop. "A wheelchair-bound person overindulging in alcohol at a wedding, in a restaurant, at a professional football game or in the sanctity of her own home would also be subject to arrest for DUI."

The ruling came on the Judge's  final day as a county judge in Florida, the end of a colorful and controversial 15 years on the bench. Defeated last fall by a tough on crime, take no prisoners, and give no quarter former prosecutor,  the Judge  was often viewed as too lenient.

The Death of Common Sense is all too real in the American Judiciary as Judges become politicized and zealously prosecute DUIs instead of balance the rights of Defendants against the overwhelming resources of the State, while State prosecutors paralyzed by fear of political retribution refuse to exercise discretion and practice a "we'd rather try'em and lose'em than reduce them"  philosophy.

 This isn't an isolated incident.  In Peachtree City Georgia, golf cart drivers are regularly arrested for DUIs and the police hold roadblocks on the golf cart paths.  In North Georgia a electric wheel chair operator with MS is charged with DUI in his wheel chair.  A friend is arrested in Athens Georgia for DUI on his mountain bike, although the charges were later dismissed.  When did we all go crazy. We need to let prosecutors, police and judges exercise independant discretion and not pass the buck to the jury which is both expensive and time consuming.  We could spend that money on better things like schools. 

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