DUI laws change every year. Part of the reason is the legislature's attempt to keep up with evolving problems in enforcement; part of the reason is new technology being brought to bear upon the continuing problem; part of the reason is to make it look like they're doing something about a scourge on the highways.
DUI is a very difficult thing to try for a prosecutor because, unlike homicide or rape or other common crimes, most if not all of the jurors have, at one or more times in their lives, driven under the influence of alcohol. The worst cases, of course, are the ones that result in death.
I have seen these cases from all perspectives. I like to think that I was a tough DUI prosecutor when I was still in misdemeanor court, after which I moved on to felonies and handled DUI Manslaughter cases. But the one case I remember most was one that I defended just a few years out of law school.
My client was an inoffensive man who'd had too much to drink one night and slammed into a parked car, killing the two teenaged occupants. This happened in a relatively small community and the uproar over it took awhile to abate. Meanwhile, I went about collecting testimonials with regard to how good a man my client was, what a hard worker, etc. ad nauseum. When the trial date arrived, we entered a plea and went home to await the completion of a pre-sentence investigation.
On the day of sentencing, the courtroom was absolutely packed. I've seen it like that since but this was my first time to witness community outrage pack the court to put immense pressure upon the sentencing judge. The prosecutor made his pitch, speaking as much to the audience as the judge. Naturally, he wanted my guy sent to prison. Then I made my presentation, appealing for my client not to be incarcerated.
I remember turning around at some point in the process, looking at the SRO crowd in the courtroom, and spotting my law partner standing way in the back of the courtroom, looking at me with this unforgettably worried expression.
Finally, it was the judge's turn. He sentenced my client to eleven years in prison. My partner later told me that I reeled backward about three steps. Then, the judge suspended that sentence in lieu of lengthy probation. My client walked out of court without having to serve time.
The following day I had other court business and, when I got back to the office, my secretary told me that I'd missed my DUI Manslaughter client. He'd stopped in to leave me a gift of appreciation.
It was a magnum of champagne. Notwithstanding that I had defended him, I still found the gesture distasteful and threw it away. The following year, I was prosecuting DUIs instead of defending them.
posted on May 3, 2008 1:49 PM ()
I'm glad people read the comments, tho.
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I was raising children. Then I would never have a hand gun.
But I like to hunt with a shot gun.