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Show OUI civil suiv filed questioning jurisdiction innocent until proven guilty. Based on that fundamental part of constitutional constitu-tional law, attorney Robert McRae sees fundamental problems with Utah's drunken driving law. McRae and two associates have filed a civil suit in 4th District Court against Vernal City Justice of the Peace Brent . Feltch, claiming that a justice of the peace does not have jurisdiction over a drunken driver because of the seriousness the legislature has given the offense. The suit, filed on behalf of 21 persons arrested for drunken driving, also claims that the legislature does not have the power to prescribe automatic jail sentences for persons convicted or drunken, driving. Seven of the criminal cases involved have gone to district court. Fourth District Judge David Sam and Deputy Uintaii County Attorney Richard Davidson have agreed with defense attorney, at-torney, JoAnn Blackburn, to hear arguments on one of the cases as a basis for deciding all seven. "The legislature has the power to make certain things a crime," explained explain-ed McRae. "The judiciary is vested with the power to decide what the punishment should be. This idea of mandatory jail sentences-if that isn't cruel and unusual punishment. If a guy gets locked up, he gets locked up in some kind of penal institution." McRae said the legislature can only try to set limits on the amount of punishment for an offense. The suit also claims: That due process is denied because a guilty plea or a plea of no contest can be entered if evidence is presented that consumption was involved; That persons are denied equal protection protec-tion under the law because not all counties coun-ties in the state have a drunk tank or a rehabilitation facility, and that existing facilities don't meet federal standards for prisoner's rights. That penalties "may be excessive." McRae said he does not like the language of the law that presumes a driver with a blood-alcohol level of over .08 percent is under the influence of alcohol. He said he favors community service instead of jail time, at least with the first offense. "You take a guy who makes a mistake, so you say, 'You can contribute by working at free clinic he is a doctor." In response to the civil suit, Dai"; and Vernal City Attorney David E ingham say the issues raised art proper because they should have: raised in criminal proceedings, that the issues are unsupported actions. |