Both were allowed to make phone calls. Daniels reached his mother who came down and paid the $500. He left on bail and was given a summons to appear in court for an arraignment the following week. Rogers wasn't as successful. She was too embarrassed to call her parents, and none of the friends she phoned were home so she spent the night in jail.

Rogers spent two hours in the courthouse lockup waiting for Judge Diana Benjamin to call her case. When the case was finally called, a bailiff led Rogers into the courtroom. Still handcuffed, Rogers stood before the judge and waited. Judge Benjamin was looking over some papers and talking with her clerk. Rogers stood waiting. She heard the judge ask her clerk for another cup of coffee, then look down and say, "Rogers?"

"That's me," Shelly Rogers replied.
Judge: "Do you have counsel?"
Rogers: "What?"
Judge: "Do you have a lawyer?"
Rogers: "No, your Honor."
Judge: "Do you want a lawyer?"
Rogers: "Yeah. I guess so."
Judge: "Have you been given a chance to call a lawyer?"
Rogers: "They let me make a phone call last night, but no one was home. Umm. But I don't think I have the money to hire a lawyer."
Judge: "Let's see. You can talk to the public defender if you want, and we'll see you back here this afternoon. Or you can plead now if you intend to plead guilty."
Rogers: "Yes, I'd like a public defender."

The judge called to her clerk, "Get somebody from the P.D.'s office down here." And to Shelly the judge said, "Okay, we'll get you a lawyer and see you back here later."

"Yes," she said.
"I'm Andrew Duncan. I'm from the public defender's office. How are you?"
Rogers: "Tired, bored. Sick of this place."
PD: "Well, unfortunately, I don't think I can get you out today. I talked to the D.A. The D.A. said for a second offense, you gotta do 48 hours -- no way around it. But if you plead guilty this afternoon, then you can get out tomorrow with probation. You'll have to pay a fine and do another alcohol program. I see you did a three-month one last time you were arrested. But that's it."
Rogers: "Yeah. Listen, what if I want to fight it?"
PD: "Well. You could fight it, but it doesn't look good." He read from the reports, "Blood alcohol -- .11, failed field sobriety tests..."
Rogers: "I did the alphabet, didn't I?" Shelly interrupted.
PD: "Um. Yeah, but you couldn't stand on one foot, your eyes were bloodshot, they smelled some type of alcoholic beverage on your breath. Look, we can talk more in a little bit. I have to go back into court now to meet another client. Your case will be called after lunch. I'll come talk to you again before then. In the meantime, think it over. I'll tell you this much, if you go to trial and lose, on a second DUI a judge might give you a lot more than 48 hours in jail. You can get up to a year in jail, plus the probation, plus fines and an alcohol program. You might want to cut your losses."

Andrew Duncan left Shelly Rogers and ran back upstairs to court to meet with another client.

Duncan ran in, put his briefcase down, pulled out a file folder and leaned in to whisper to Shelly. "I was in another courtroom on another case and couldn't come talk to you. Sorry. I want you to know, though, I spoke to the D.A. If you do the 18-month alcohol rehab program and plead guilty now, they'll let you out tomorrow -- as soon as the 48 hours are done. You'll be on probation for three years. And you'll do some community service instead of the fines; they do that where people can't afford to pay them. Okay?

Rogers: "Yeah. I guess that's the best I can do."
PD: "Well, you do risk a lot more if you fight and lose."
Rogers: "Okay."