A judge in Michigan threw the book at a first time drunk driver, giving him the maximum sentence, 93 days in jail. The guy appealed to a higher court and that judge decided the sentence was too harsh. Why?
Luis Gonzalez-Mireles was punished more for being an illegal alien than for first-time drunken driving when he was sentenced to 93 days in jail, Circuit Judge Chad Schmucker ruled.
Schmucker found the sentence by District Judge Joseph Filip improper and disproportionate, and sent it back to District Court for an appropriate sentence.
In most cases, that means little or no jail time.
Basically, he’s saying that illegal aliens have the same rights citizens have.
Gonzalez-Mireles, 21, of Ann Arbor was charged with drunken driving in Jackson on Dec. 18. Filip, citing the Mexican native’s failure to seek citizenship here, issued a maximum sentence.
“I don’t know any reason why as an illegal alien that we should spend money and services for you,” Filip told Gonzalez-Mireles at his sentencing. “You’ve done nothing but violate the law here.”
When lawyers for Gonzalez-Mireles motioned for resentencing, Filip reiterated that he did not appreciate illegal aliens thumbing their noses at America’s immigration laws.
Looks like this judge is tired of the whole illegal issue. Guess who was there to defend the illegal drunk driver?
“We believe this was an extraordinary case, for a person to be sentenced to the maximum on a first offense based on immigration status,” American Civil Liberties Union attorney Michael Steinberg said Tuesday.
Isn’t past behavior an indicator of future behavior? Was the judge right to throw the book at a first timer?
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Gosh, why not just consider the deportation option - wasn’t their an “illegal” component in there somewhere?
After 93 days in jail deport him. This behavior among illegals is quite common. They have no respect for our laws and should be delt with accordingly. The judge had every right to consider the perpetrators criminal history when sentencing.
In Texas a first time DWI normally gets about 3 days in Jail. 2 Years probation. Somwhere around $ 1000.00 fine. Community service. Probation fees monthly. And some Judges get creative and make them donate Turkeys to the food bank etc.
As an illegal who flaunted our laws he has shown he could care less about America’s laws so he is ineligible for the probation so give him the maximum and when he finishes his time DEPORT him.
How can the ACLU defend this person? Doesn’t the “A” in ACLU mean American?? This illegal alien is NOT an American and is therefore not entitled to those “Civil Liberties” that the ACLU is trying to defend. Starting from the federal level, the judge should have had him deported because a federal violation should trump the state violation because it is a harsher crime committed.
#4 Ah, but he is a “North American”! I would like to know if he is going to be deported once he is out of jail.
Reply to No. 5: Technically, he is an alien from either North, Central or South America. And we all know that “American” pertains to citizens of the United States of America. So which countries’ civil liberties are ACLU trying to protect?? My guess is the USA!!! but as liberal as they are I would probably have to guess anyone from anywhere even though those rights are guranteed to “citizens” of the USA under the US Constitution only.
Of course the judge was right. This wasn’t his first offense. The first offense was breaking into the country. Wonder if he offered the policeman a $20 to let him go home? People coming from a land where the rule of law doesn’t matter, to a country where laws do, have difficulty. Especially, when they have no regard for the breaking and entering illegally law. They get by with that, why should they obey other laws?
HE wasn’t illegal he was a tourist.
No soy mujado, soy tourista
The ACLU is not trying to protect anyones rights. The ACLU is big business and they get damages from US when they win a suit. They could care less about the illegal immigrant. It’s all about money.
The ACLU should be outlawed.
If he has been convicted (or not) call ICE and deport him. I’d bet he also had no lisence or insurance. Why should an illegal be allowed to merely get away with criminality? What message does that send? IF you are arrested for DUI, plead illegal status and the ACLU will come defend you… just not if you are a citizen (or have a Jesus sticker on your car)!
“Basically, he’s saying that illegal aliens have the same rights citizens have.”
Yup! Exactly, because the Equal Protection Clause of the 14th amendment extends legal protections to all persons in the jurisdiction of US courts, not only citizens. The 14th Amendment guarantees:
“nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
The judge was not justified under the law in boosting the DWI sentence for these reasons, and the appellate court was right to strike the sentence down, no matter who represented him.