Defense lawyers blast DA's DWI diversion

[texaschickeee]

Defense lawyers today are criticizing the Harris County District Attorneys office's new DWI diversion program, which is set to begin Aug. 1.

Under the new program, accused defendants will be offered the diversion program or 30 days in jail and a $750 fine. Defendants who do not want either choice can take their cases to trial.

Those who take the diversion program will be given two years probation. If they successfully complete the probation, their records will not show a conviction for DWI.

JoAnne Musick, president of the Harris County Criminal Lawyers Association, said the program will be forced on the uninformed by way of an overly coercive plea bargain.

“I think we'll see more and more cases being tried,” Musick said.

Prosecutors seldom offer jail time to resolve first-time DWI cases, Musick said.

The program is an effort to stem the tide of DWI deaths in Harris County, said Assistant District Attorney Roger Bridgwater, a senior administrator in charge of implementing the program.

“This is not an effort to coerce somebody to take probation or do something else,” Bridgwater said. “It's an effort to let them know this is a bigger deal than one night in jail.”

Bridgwater is meeting with representatives of the defense bar today to address their concerns.

[retdetsgt]

Big deal. We've done that for years up here. Only the diversion is only offered to first offenders where there isn't an injury accident involved.

Otherwise, go to trial..... No one has to accept anything.....

[Darin]

I think that's a really good deal and someone would be a fool not to take it. Defense attorneys are pissed because it'll cost them business.

[MyOwnNemesis]

I am a big advocate of a bright yellow/orange license plate telling the world that the driver is a nasty, convicted, filthy drunk. Maybe make them wear a purple emergency light on top of a hardhat so it is easier to avoid them at night.

Here in Florida when your five time DWI drunks loose their license's they cross over to scooters and bikes. It is pretty funny if you are out and about at 0200...a bunch of toothless 40 something white guys all over the roads at about 25 mph. I spoke to one of my buddies with BSO about the legalities of these guys on scooters...He told me that his approach was simple, he didn't mess with them too much as the probability of them killing another person was pretty low...they usually just hurt themselves.:D

[retdetsgt]

I am a big advocate of a bright yellow/orange license plate telling the world that the driver is a nasty, convicted, filthy drunk.

The problem with license plates like that is that it stigmatizes everyone who drives the car, not just the drunk. I see no reason for other family members to be subjected to that because of one person.

Actually, I've seen a lot more fatal accidents cause by speed than by drunk driving.

[MyOwnNemesis]

The problem with license plates like that is that it stigmatizes everyone who drives the car, not just the drunk. I see no reason for other family members to be subjected to that because of one person.

Actually, I've seen a lot more fatal accidents cause by speed than by drunk driving.

Good point....What about the purple light on the offenders head???;)

[retdetsgt]

Good point....What about the purple light on the offenders head???;)

Makes perfect sense.....

[ChevySSP]

Well, DUIs should have something to identify them by...

Breathalyzers should be standard when you geta DUI/DWI conviction.

[retdetsgt]

Well, DUIs should have something to identify them by...

What about identity thieves, sex offenders, child molesters, ad nauseaum. Contrary to what some traffic people may think, there are worst criminals out there than drunk drivers..... Besides, marking people for past crimes is a bit medieval.

That being said, I'm all for sex offender registration, but the majority of drunk drivers get one conviction and they stop that behavior. Repeat offenders are a minority. If we're going to start hanging scarlet letters on drivers, I'm much more afraid of the inexperienced driver than I am most drunks. I've had a lot more close calls involving young people driving way too fast than I have from some drunk trying to get home.

I'm not saying DUI isn't a serious offense, it is and it's treated that way. But as I said before, speed kills more people than alcohol. There's just no anti-speeders organization like MADD advocating stiffer penalties. MADD has been effective in pushing it's agenda.

[MyOwnNemesis]

My post was partially in the guise of sarcasm. I was not attempting to undermine the seriousness of other crimes nor would I suggest a "scarlet letter" approach to convicted criminals. I do agree with your view regarding speed being a far greater factor in traffic fatalities and also believe that being 'DWD" (dumb by driving) is huge as well, cell phones, eating, shaving, watching porn, etc.
As far as public support of programs to change, identify, or suppress criminals it seems to me like the flavor of the week. MADD has done some great things, sexual predators - it seems like the opinion is "not in my back yard" - followed by the homeless. I may be a bit naive but I do believe that (some) people that have gone off the path can be shown the way....others, sadly, not a chance. Some people do not desire to change, cannot change, and cannot be forced to change. Where is the answer? I don't know as this has been pondered for thousands of years. Australia didn't work.:confused:

[retdetsgt]

Australia didn't work.:confused:

Actually, it probably did for a while, we just don't have anymore places to send crooks!:D

Coincidently, there's are article to our paper today stating that 63% of the highway deaths around here were caused by excessive speed. Most everyone goes over the limit now and then, but I would like to see stiffer penalties for chronic speeders.

Unfortunately, there's no Mothers Against Speeding Drivers to make that happen.:(

[ChevySSP]

Well RDS how many people drive drunk on the highways?

I can see that, but I think in the city the numbers may be reflected different.

[retdetsgt]

Well RDS how many people drive drunk on the highways?

I can see that, but I think in the city the numbers may be reflected different.

Population is population and a certain percentage of the population will drive drunk and a certain will drive recklessly. Not to mention, people can drive even faster on the highways and the chance of surviving a crash involving speeds of 70+ are almost nil.

And most drunks are driving as carefully as they can because they don't want attention drawn to them. I'm not denying that drunks cause a lot of wrecks, but fewer of them are fatal because they're not driving fast.

Most drunk drivers get caught because they're weaving, rolling through stop signs, etc., not because they're barreling down the road at high speed.

[ChevySSP]

Well I do see your point.


Alas, I don't think we will ever see stiffer penalties for speeding. Too many court people do it everyday...at least down here they do

[MyOwnNemesis]

Coincidently, there's are article to our paper today stating that 63% of the highway deaths around here were caused by excessive speed. Most everyone goes over the limit now and then, but I would like to see stiffer penalties for chronic speeders.

Unfortunately, there's no Mothers Against Speeding Drivers to make that happen.:([/QUOTE]

With my job I am on the road a great deal of the time and I could not agree with you more. Excessive speed makes me nuts. I live in south Fl and we have our share of horrible drivers. I would like to say that with age comes wisdom but that does not seem to be the case with poor driving habits. The tremendous lack of consideration for others on the road is indicative of our society. It never ceases to amaze me when I am headed from Jacksonville to Fort Lauderdale the amount of vehicles traveling in excess of 100 mph. I usually stay with the flow of traffic and do not exceed 70 (unless the posted is higher), I just move over to the right and let other go on by. Today's technology has created a false sense of security to drivers, especially inexperienced ones. Suspension, brakes, steering, acceleration. Hollywood has made a sexy appeal to speed and immortality. Cool things to watch, difficult for your average person to execute. I have been to many evasive/offensive/anti-terrorism driving courses over the years and have driven thousands of collision free miles (knocking on wood) as I am sure that every professional LEO has in their respective careers. We are a tiny percentage of the population. I personally believe that the penalties for moving violations are much to lenient. The nature of the beast is that so many suspended drivers continue to drive with little or no repercussion as LE cannot be everywhere at every time. Insurance rates are astronomical due to all of the uninsured. I salute those of you that work traffic.

Cheers