Monday, September 26, 2011

People drive drunk. I mean really really drunk.

Some of my earliest cases as a DA were DUIs.  And often they provided me with a lot of amusement.  Like the guy who called in a hit and run on his car when he had actually run his own car into a ditch.  And was driving home.  The police tracked him on GPS as he drove home talking to dispatch.  After he pulled into his garage the officer arrived and arrested him.  The very nice officer allowed him to go into the house and use the bathroom.  And then, as they were driving to the station, the Defendant uttered the words I knew I would use in closing if the case went to trial..."I just shit myself."  He pled.

The highest BAC I ever was was a 0.47 (almost 6 times the legal limit of 0.08).  This Defendant was released on bond and drank and drove again before we even saw her at arraignment (only a 0.26 that time).  Naturally, she showed up to arraignment drunk as well.  And although we had her remanded and set a new bond the simple fact is I CAN'T KEEP HER FROM DRIVING.  It's the most frustrating thing when you deal with people who you know will, time and time again, find a way to get in a car blitzed out of their minds and put that key in the ignition.

And the more they get caught, the more they learn how to play the game.  Like the Defendant on his 13th DUI.  13th.  He refused roadsides and refused a chemical test.  Why not?  He's got nothing to lose since his license was already suspended from his last DUI.  Luckily he didn't hurt anyone despite the fact that he was wasted and drove his car into a ditch (recurring theme), drove it back out until the tires were stripped and he had to stop.  A good samaritan stopped and realized how drunk he was and called the police.  He took that one to trial and I convicted him.  But still, in a year or so I can practically guarantee he will be back out on the road.

Despite the fact that I work for the government, I'm not a big fan of intrusion on everyday life so I have no answer to this problem.  I don't support installing interlock (the system that keeps the car from starting if you've been drinking) on every car.  I don't want officers doing random breathalyzers.  For some areas great public transportation is a help but if you're not in a large city it's not always an option.  And despite massive public awareness campaigns the problem continues.

And don't get me wrong - the vast majority of defendants are people who made a mistake - one that has consequences but also one they will learn from.  And most of them will get "lucky" - no one will get hurt, they will serve their probation and move on with life made perhaps a bit more mature by the experience.  But the frequent fliers - the only hope is that juries and DAs and judges will take them off the streets for extended periods and make us all a little bit safer.

My First Blog

Who am I?  I am a Deputy District Attorney.  And criminals are dumb and funny.  So I decided to start recording some of my experiences.  I have no idea if anyone will ever read this and I really don't care.  Just want to write it down before I forget and am tired of buying journals, writing like 10 entries, and having them float around in the back of my closet for years....