OPINION by Glen Davis

PHOENIX – Finally. Arizona is complying with the Eighth Amendment. Sort of.

You might recall last month when Arizona executed Joseph Wood while he slept. This has apparently had a significant impact on Arizona jurisprudence.

PJ Tucker will not have to spend time in icky old tent city in Phoenix for his extreme DUI conviction. He’s been sentenced to three days in Kawliforna.

While being sentenced to spend time in California might be a violation of the Eighth Amendment, he will have to spend his time in sunny, California in an air conditioned cell separated from the other icky inmates. And he will have to pay a whole $200 a day to do it!

In addition he will be grounded for eleven days when he returns home and have to have an ignition interlock device installed.

You or I would probably be held to the standard of Arizona Revised Statute 29-1382, Section D. 2:

A person who is convicted of a violation of subsection A, paragraph 2 of this section [Blood alcohol content of more than 0.20] shall be sentenced to serve not less than forty-five consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.

There are possible extenuating circumstances surrounding any case of which we may be unaware. Maybe his apology had something to do with it. If you are ever arrested for extreme DUI, do not forget to apologize.

The lesson here is DO NOT drink and drive. Unless you have a significant bank account.

To be fair to Mr. Tucker, he may have been actually remorseful and may never do it again. Only time will tell.