August 25, 2008

Great DUI Case Result: Sad Moment For Justice

This morning a funny thing happened. I get a result in a DUI case in Maricopa County Justice Court which most DUI lawyers and their client's would drool over. My client's DUI (2nd offense) was reduced to a "Waste Of Finite Resources" ticket.

To put this into perspective, a "Finite Resources" ticket carries a fine of fifteen dollars, no criminal record, no points on the person's license, no high risk insurance. Essentially, it is a fifteen dollar slap on the wrist.

I should be elated. My client was happy. This doesn't happen every day.

The problem is, I am saddened by the whole thing. This was a case that should never have been charged. My client's alcohol level was a .040, which is half of the legal limit. There was no accident. In fact, the reason for the stop was somewhat suspicious in and of itself.

This was the third or fourth time I went to court on this case. I had to write a letter to the prosecutor's office reqesting the deal (they originally wanted my client to plead guilty to a reckless driving).

This case cost my client a lot of money. And time. And stress. It taxed the justice system. It taxed the prosecutor's office. It taxed the clerks of the court. It generated paperwork that killed trees.

So I am not elated at the "good" result so much as left with a bitter taste about the price of justice, and the lengths that some police officers go to in an attempt to make stick charges that never should have been.

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