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A Walk Through Two Drunk Driving Cases: How the Criminal Justice System Works
"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."
Rogers Gets a Public Defender
The bailiff returned her to the lockup. A few hours later, a young man approached her cell. "Shelly Rogers?"
"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."
FAQs
- What kind of penalty am I likely to get for drunk driving?
- Should I take a blood test or a Breathalyzer test if I am asked?
- What are field sobriety tests?
- Does it matter what the police call "drunk driving"?
- May I change my mind after declining to take a blood-alcohol or breath test?
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