Humiliation a deterrent to street racing?
03-01-2005, 08:34 AM
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Humiliation a deterrent to street racing?
http://www.orlandosentinel.com/news/...home-headlines
Ex-racer must wear sign to warn others
By Anthony Colarossi | Sentinel Staff Writer
Posted March 1, 2005
Not too long ago, Erik Rivera admitted that cars -- very fast ones -- were his "drug of choice."
Like any addiction, Rivera's bad habit of late-night speeding and street racing through south Orange caught up with him in June when his driving in a tricked-out Honda Del Sol led to his arrest.
It was Rivera's penchant for racing that Orange Circuit Judge John H. Adams Sr. had in mind Monday when he ordered the 24-year-old from Kissimmee to wear a sandwich-board sign that says "Don't Street Race. I Lost My Drivers License for 3 Years."
Aside from losing his license and being placed on probation for three years, Rivera will have to return to his old racing haunt at the Waterbridge Shopping Center parking lot near the Florida Mall, wearing the sign. He was convicted in November of fleeing and eluding deputies and resisting law enforcement without violence.
Rivera won't wear the sandwich board just once. He must wear the two-sided, 2-foot-by-3-foot sign for 50 consecutive Sundays from 1 to 2 a.m., when other young people are out racing, or at least considering it.
"I think this will get their attention," Adams said after sentencing Rivera. "The target audience is the kids out there racing."
Earlier, Adams said he was considering sending Rivera to prison for about two years, but then decided this form of community service might be better for Rivera and other street racers who have not been caught yet.
"It's them that I want to see the sign," Adams told Rivera. "We're going to have somebody out there to make sure you're there."
"Not a problem," said Rivera, who earlier noted he was sorry for his actions and emphasized that he didn't want to spend any more time behind bars. He had spent 107 days at the Orange County Jail. Shortly before 10 p.m. Monday, Rivera was released from jail.
"I made a mistake, and I've paid for it. I learned my lesson," Rivera said. "I just want to be with my family. I never want to get in trouble again or be in this situation again."
Rivera's attorney, Assistant Public Defender Aramis Donell, said her client had some initial reservations about wearing the sandwich-board sign.
"But I said, 'Is that better than the DOC [state Department of Corrections]?' " Donell said. "He said: 'Of course, it is. I'll wear it.' He thinks it's making a mockery. There is a level of humiliation. But it beats going to the Department of Corrections."
Donell said Rivera admitted that "he got high off" the speed and competition of street racing.
Deputy Mark Davis works in south Orange, trying to break up large midnight gatherings where 150 to 300 cars and car clubs may meet to race. Davis, who attended Rivera's sentencing, said the sandwich-board message may not affect "the hard-core racer."
"Those are the ones you are not going to deter," Davis said. "They're going to think it's funny."
Rivera's sign may resonate with younger drivers new to the racing scene who might reconsider racing if they think their drivers licenses might be in jeopardy, Davis said.
Not everyone viewed Adams' sentencing in this case as helpful, however.
"It's more of a public humiliation than a public service," said Kimberly Lavender, a spokeswoman for the American Civil Liberties Union, Florida, in Miami. "We question that that's community service. Wouldn't it serve the community better if this person was doing community service in a hospital?"
Lavender said she has heard of unique sentences such as this one, but she noted that sentences requiring people to publicly announce the prices of their crimes are not very common.
Alternative sentencing, however, has been used in many different forms around the country. People have been ordered to wear sandwich-board signs in Wisconsin and California. Drunken drivers have been made to place "DUI" bumper stickers on their cars in Florida.
In August, a divided federal appeals court in California decided to uphold a San Francisco judge's order to make a mail thief wear a sandwich-board sign outside a post office for eight hours. The sign was to say: "I stole mail. This is my punishment."
The appellate court rejected arguments that the public shaming or humiliation violated constitutional protections against cruel and unusual punishment.
The mail thief, Shawn Gementera, was arrested again for possessing stolen mail and was given two years in federal prison before surrendering to serve his sandwich-board sentence.
As for Rivera, he will have to pay for the sign, which will cost about $372.75 to construct, plus other court costs and fines, as part of his sentence. He also will have to attend a special driving school tailored for racers. Adams said he'd better not get caught driving during the next three years. If Rivera does, the judge said he would fall back on more traditional methods of punishment.
"If you drive, you'll come back, and I'll lock you up," Adams said.
-----------------------------
Discuss.
Ex-racer must wear sign to warn others
By Anthony Colarossi | Sentinel Staff Writer
Posted March 1, 2005
Not too long ago, Erik Rivera admitted that cars -- very fast ones -- were his "drug of choice."
Like any addiction, Rivera's bad habit of late-night speeding and street racing through south Orange caught up with him in June when his driving in a tricked-out Honda Del Sol led to his arrest.
It was Rivera's penchant for racing that Orange Circuit Judge John H. Adams Sr. had in mind Monday when he ordered the 24-year-old from Kissimmee to wear a sandwich-board sign that says "Don't Street Race. I Lost My Drivers License for 3 Years."
Aside from losing his license and being placed on probation for three years, Rivera will have to return to his old racing haunt at the Waterbridge Shopping Center parking lot near the Florida Mall, wearing the sign. He was convicted in November of fleeing and eluding deputies and resisting law enforcement without violence.
Rivera won't wear the sandwich board just once. He must wear the two-sided, 2-foot-by-3-foot sign for 50 consecutive Sundays from 1 to 2 a.m., when other young people are out racing, or at least considering it.
"I think this will get their attention," Adams said after sentencing Rivera. "The target audience is the kids out there racing."
Earlier, Adams said he was considering sending Rivera to prison for about two years, but then decided this form of community service might be better for Rivera and other street racers who have not been caught yet.
"It's them that I want to see the sign," Adams told Rivera. "We're going to have somebody out there to make sure you're there."
"Not a problem," said Rivera, who earlier noted he was sorry for his actions and emphasized that he didn't want to spend any more time behind bars. He had spent 107 days at the Orange County Jail. Shortly before 10 p.m. Monday, Rivera was released from jail.
"I made a mistake, and I've paid for it. I learned my lesson," Rivera said. "I just want to be with my family. I never want to get in trouble again or be in this situation again."
Rivera's attorney, Assistant Public Defender Aramis Donell, said her client had some initial reservations about wearing the sandwich-board sign.
"But I said, 'Is that better than the DOC [state Department of Corrections]?' " Donell said. "He said: 'Of course, it is. I'll wear it.' He thinks it's making a mockery. There is a level of humiliation. But it beats going to the Department of Corrections."
Donell said Rivera admitted that "he got high off" the speed and competition of street racing.
Deputy Mark Davis works in south Orange, trying to break up large midnight gatherings where 150 to 300 cars and car clubs may meet to race. Davis, who attended Rivera's sentencing, said the sandwich-board message may not affect "the hard-core racer."
"Those are the ones you are not going to deter," Davis said. "They're going to think it's funny."
Rivera's sign may resonate with younger drivers new to the racing scene who might reconsider racing if they think their drivers licenses might be in jeopardy, Davis said.
Not everyone viewed Adams' sentencing in this case as helpful, however.
"It's more of a public humiliation than a public service," said Kimberly Lavender, a spokeswoman for the American Civil Liberties Union, Florida, in Miami. "We question that that's community service. Wouldn't it serve the community better if this person was doing community service in a hospital?"
Lavender said she has heard of unique sentences such as this one, but she noted that sentences requiring people to publicly announce the prices of their crimes are not very common.
Alternative sentencing, however, has been used in many different forms around the country. People have been ordered to wear sandwich-board signs in Wisconsin and California. Drunken drivers have been made to place "DUI" bumper stickers on their cars in Florida.
In August, a divided federal appeals court in California decided to uphold a San Francisco judge's order to make a mail thief wear a sandwich-board sign outside a post office for eight hours. The sign was to say: "I stole mail. This is my punishment."
The appellate court rejected arguments that the public shaming or humiliation violated constitutional protections against cruel and unusual punishment.
The mail thief, Shawn Gementera, was arrested again for possessing stolen mail and was given two years in federal prison before surrendering to serve his sandwich-board sentence.
As for Rivera, he will have to pay for the sign, which will cost about $372.75 to construct, plus other court costs and fines, as part of his sentence. He also will have to attend a special driving school tailored for racers. Adams said he'd better not get caught driving during the next three years. If Rivera does, the judge said he would fall back on more traditional methods of punishment.
"If you drive, you'll come back, and I'll lock you up," Adams said.
-----------------------------
Discuss.
03-01-2005, 08:39 AM
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Re: Humiliation a deterrent to street racing?
"Cruel and Unusual Punishment?"
But I guess its not if it is ultimately his decision to wear it as opposed to going to jail. He doesnt necessarily have to wear it.
It is kind of funny but I doubt it would be too much of a deterrent, as most "hahdcore street racahs" dont think they could ever get caught anyways.
But I guess its not if it is ultimately his decision to wear it as opposed to going to jail. He doesnt necessarily have to wear it.
It is kind of funny but I doubt it would be too much of a deterrent, as most "hahdcore street racahs" dont think they could ever get caught anyways.
03-01-2005, 09:14 AM
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Re: Humiliation a deterrent to street racing?
Originally Posted by Article
Rivera's attorney, Assistant Public Defender
03-01-2005, 09:44 AM
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Re: Humiliation a deterrent to street racing?
Originally Posted by montman
"Cruel and Unusual Punishment?"
Last edited by devils_civic; 03-01-2005 at 10:02 AM.
03-01-2005, 09:51 AM
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Re: Humiliation a deterrent to street racing?
Originally Posted by blah
And that, my friends, is why he has to wear a sign for 50 weeks and no license for three years. Mofo didn't get a proper attorney.
03-03-2005, 07:32 AM
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Re: Humiliation a deterrent to street racing?
It also violates the first amendment. He is being forced to say/belive in somthing he does not want by wearing this sign. Then again, It is better than prision.
03-03-2005, 08:20 AM
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Re: Humiliation a deterrent to street racing?
on the back it should have said "i lost my license for 3 years because i'm a ricer." that would have made it mo interesting. ;]