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A Walk Through Two Drunk Driving Cases: How the Criminal Justice System Works


The Judge Sentences Rogers as Prescribed in the Plea Bargain

Judge: "Ms. Rogers, you are hereby sentenced to be incarcerated for a term of 48 hours. You shall enroll by no later than 14 days from today in a court-approved 18-month alcohol treatment program. You shall be on probation for a period of three years, and you'll have to do 50 hours of community service. Do you understand?"

Rogers: "Yes, your Honor."

Judge: "Bailiff, take her back to lockup." To Shelly the judge said, "You may go home tomorrow. Counsel will explain the paperwork you have to complete. I don't want to see you back here, Ms. Rogers. I hope you take the alcohol program more seriously this time around."

When Shelly was released the next day, she was given a packet of information from the public defender's office. It included the name and phone number of her probation officer and a list of the court-approved treatment programs.

Free on Bail, Daniels Meets His Public Defender Before the Arraignment and Discusses a Possible Plea Bargain

Daniels, meanwhile, had been free on bail. A week after Shelly Rogers was sentenced, Andrew Duncan, the same public defender, met with Julian Daniels in the hallway outside the courtroom just before Daniels' arraignment.

PD: "Hi. Daniels, right?"
Daniels: "Yes."
PD: "My name is Andrew Duncan, I'm your lawyer. I spoke with you on the phone a few days ago?"
Daniels: "Yes. Yes, thank you."
PD: "You've never been arrested before, right?"
Daniels: "No, never."
PD: "What happened? Says here you hit a tree?"
Daniels: "Yeah. I was looking down to get a new tape, and next thing I knew I'd plowed into this tree."
PD: "Okay, you were .09.... I think I can get you a decent deal, probably three years probation, three-month alcohol program and some community service if you plead today."
Daniels: "Look. I don't need an alcohol program. I had a couple of beers with my girlfriend. That's it. I'm not an alcoholic. What's community service? Is that picking up trash like those guys in orange vests I see out on the roadway?"
PD: "Well, that's one kind of community service, yes. But, we could arrange for you to work in a library or school, or some volunteer program like that."
Daniels: "How many hours of community service are we talking?"
PD: "They said 200 hours."
Daniels: "I can't do that. I'm in school full-time and I have a job. Man, I don't want this on my record; I'm applying to grad schools. You know that cop didn't even read me my rights."
PD: "Did the cop question you?"
Daniels: "Not really. I mean he asked if could say the alphabet and touch my nose, and told me to stand on one foot. Then he put me in the car."
PD: "Well, technically, they don't have to read you your rights unless they question you."
Daniels: "Oh?"
PD: "Yup. Listen, your girlfriend was with you the whole time at the bar?"
Daniels: "Yeah."
PD: "She can testify that you only had, how many beers?"
Daniels: "Two. Two beers. She was with me the whole time. That's all I had."
PD: "And you're in college where?"
Daniels: "State University. I'm graduating this spring."
PD: "Okay, let me talk to the D.A. There's pretty much no way to get around doing an alcohol program on a DUI -- even a first-timer. Our only chance is if she reduces the charge to reckless driving. Come into the courtroom with me, but you sit in the back and wait. Your case will be called in the next hour or two."
Daniels: "Do your best, Mr. Duncan," Daniels called. "Thanks."
PD: "Sure."

Copyright 2005 Nolo

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