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


Daniels' Lawyer Proposes a Plea Bargain to the Prosecutor

In the courtroom, Duncan found the assistant D.A. handling the case, Colleen O'Larky, sitting toward the front in the audience section of the courtroom waiting for her next case. He slid in to the seat next to her. "Larky," Duncan whispered.

"Yeah," she replied quietly, putting a folder in front of her mouth so the judge wouldn't see she was talking.

PD: "I gotta talk to you about the Daniels case, set for this afternoon. Your case."
O'Larky: "I'm listening."
PD: "Have you looked at it? .09 -- just over the limit, no priors, good kid -- finishing college this spring, wants to go to grad school. What can we do here?"
O'Larky: "You know my boss. No forgiveness on DUIs. He spoke at a MADD (Mothers Against Drunk Driving) conference last week. My hands are tied."
PD: "Look, make an exception here. He's a nice kid. He was just looking down to change a tape and hit a tree. Dumb luck. No one was hurt. Knock it down to reckless. It's bad enough this is going to go on his record -- he's clean. He passed all the FSTs, says right here on the police report."

Just then the judge called "State v. Molly Patricks." The D.A. jumped up and whispered, "That's my case, Duncan. Hang on. I'll think about it and get back to you."

"I'm waiting right here," Duncan replied, and the D.A. went up before the judge to handle a different case. Ten minutes later she was back.

O'Larky: "All right, Duncan. But only for you. Reckless. Two years probation, 150 hours community service -- best offer. And he pleads today, or no deal."

PD: "Thanks, Larky. I'll talk to him. Sounds good." Andrew Duncan quietly slipped out and went to the back of the courtroom to find Daniels. He told Daniels the deal the prosecutor had offered, and Daniels agreed to plead.

Daniels Pleads No Contest

Daniels' case was called some time later. And after asking Daniels the same questions Judge Benjamin asked Shelly Rogers earlier (and getting all the same answers from Daniels), the judge accepted Daniels' plea of no contest. The reason Daniels pleaded no contest rather than guilty is that his no contest plea can't be used as evidence against him if Daniels is sued in a civil case for damage to the tree. If Daniels had pled guilty, his conviction could be used in that manner.

Copyright 2005 Nolo
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