Judge for a Day III
Posted on
June 07, 2008 by
Gideon
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Here’s another installment of “Judge for a day”. The setup, for new readers, is simple. I give you a factual scenario, you tell me what sentence you’d impose as a judge.
The facts are as follows: Defendant is involved in a DUI accident. It is probably his fault. The other car is damaged and the occupants of that car suffer serious injuries, but none that are life threatening or that will result in permanent loss of limbs or functions. The defendant is a young adult with no prior record and good family structure and employment history.
What’s your sentence?
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Probably his fault? Was there a trial? Was he found guilty?
Assuming yes, 30 days jail time.
Yes, trial. Yes, his fault.
Assuming a guilty verdict, 30 days. At least in S.C. on a first offense 30 would be the max, if no loss of limbs, organs, permanent disfigurement, etc. If working, weekend time.
I had one like this last month, where my client was still in the hospital herself over a year later, judge still gave her 30 days. Appealing it now on chain of custody and insufficient notice for TIA.
Assume: 1) You’re presiding over pre-trial negotiations. What offer would make it acceptable for you.
2) You presided over the trial and defendant was found guilty by the jury.
Take into account the trial tax.
1) I turned down a 440$ fine in the above case and went to trial. .21 BAC but they had problems with their chain of custody with the blood sample.
I would have accepted a dismissal and re-write to reckless driving, 440$ fine. With few exceptions, Judges here will accept whatever we negotiate pre-trial.
2) 30 days.
30 days??? Wow. If it’s a Connecticut case, after a trial, I’d say 4 years. Maybe 6. With suspended time and probation after. Nobody gets 30 days for anything after a trial.
Now that’s more like it. This…taste for long sentences in CT puzzles me. See latest post.