WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Monday, May 09, 2011

DUI DIVERSION

With a hat tip to DUI maven Bobby Reiff, who sent out an email late on Monday, here is the statement from the current Commissar of County Court: ASA David Maer:

Sorry about the caps- he's the one shouting, not us.

According to Mr. Reiff: However, admission is not automatic and the program will include several very expensive, onerous and time consuming requirements before the person may receive their ultimate resolution of a reckless driving conviction with a withholding of adjudication.

A NEW INITIATIVE FOR ELIGIBLE FIRST TIME DUI OFFENDERS IN NON-CRASH CASES WILL BE FORMALLY IMPLEMENTED IN THE COMING WEEKS. ELIGIBLE CANDIDATES UPON SUCCESSFUL COMPLETION WILL RESULT IN A DISPOSITION OF:

RECKLESS DRIVING – ADJUDICATION WITHHELD

COMPLETE ELIGIBILITY AND PROGRAM DETAILS WILL BE RELEASED VERY SOON. IN THE MEANTIME, IF YOUR CASE HAS BEEN IDENTIFIED AS AN ELIGIBLE CANDIDATE, YOU MAY WISH TO SEEK A DEFENSE CONTINUANCE UNTIL THE INITIATIVE’S DETAILS ARE WORKED OUT. HOWEVER, WHILE A CASE MAY APPEAR ELIGIBLE, FURTHER SCREENING WILL BE CONDUCTED BEFORE THE PERSON IS ADMITTED INTO THE PROGRAM AND THE MIAMI-DADE STATE ATTORNEY’S OFFICE RETAINS SOLE DISCRETION ON WHETHER TO ADMIT OR REJECT APPLICANTS FOR ADMISSION.

IF YOU ARE INTERESTED IN BEING CONSIDERED FOR PARTICIPATION IN THIS INITIATIVE, PLEASE REQUEST A DEFENSE CONTINUANCE AND THE STATE WILL ANNOTATE THE FILE ACCORDINGLY AND YOU WILL BE ADVISED IN ADVANCE OF THE NEXT REPORT/SOUNDING IN ORDER TO PARTICIPATE IN THE INITIATIVE

18 comments:

Anonymous said...

Who are bigger bad asses? Navy seal team 6 or the big three? Ummm, rumple? U still like the celtics?

Anonymous said...

wow, this is really good and important stuff.

absolutely why people go to law school.

same thing over and over and over again

angry gurl said...

Cheap lawyers handling easy cases for cheap.

Tell me you criminal lawyers do something more important than help clients sign plea documents and give them directions to their community service and tell them where to deliver their checks for court costs. Please tell me you all do more than that most of the day.

Anonymous said...

If this gets out to the general public this will cost lawyers. On another note judge Hague gave a client of mine 6months on a first after trial.

Anonymous said...

More programs and less success.Same program as was in Broward 20 years ago and did not work.Need tracking,and that is what Miami Dade State Atty does so well!Just like DWLS.Was supposed to be like Hillsborough but is not.Their program has merit.Dade is B.S.like court options,advocate and Drive Legal.

Anonymous said...

Read all the comments on previous threads left by Angry Girl. My opinion- she needs a good psychiatrist who is up for a challenge.

Anonymous said...

Maybe with new DUI program we can get more lousy drivers on our roads.Yes,Browierd had simialiar program many years ago,but stopped when person who just completed program had dui and killed someone.Browierd also adjudicated on Reckless.
Felonies in Dade done well.County Court is a joke.20 marijuana priors and get withhold from State and Judges.Why?Okay with one or two,but why multiples?
Nothing is taken seriously by public in county court crimes division!Not criminal traffic nor misdemeanors.

Anonymous said...

Nobody cares about Angry Girl.

Anonymous said...

Whatchu got to say about the Heat now? You were on the haters bandwagon when they had their rough spot but are silent in light of their success! Ha!

Anonymous said...

What the hell is going on with Walsh?
http://www.miamiherald.com/2011/05/10/2210283/federal-judge-issues-arrest-warrant.html

CAPTAIN said...

THE CAPTAIN REPORTS:

JUDGE BARZEE LEAVING TOO .....

As reported by SFL and DBR, Judge Barzee has also announced her resignation; (Rumpole and I discussed this last night, but that's for another post). She will accept a position at Stearns, Weaver.

So, if you are keeping count, there are now four openings for Judge:

The JNC will be interviewing to replace Circuit Judges Judge Israel Reyes and Mary Barzee and County Court Judges Victoria Brennan and Lisa Walsh.

And Gov Scott is still pending one Circuit Court appointment with four names on his desk.

Oh yeah, did I metion that the 3rd DCA JNC will also be interviewing to replace Judge David Gersten.

And the Federal JNC is now accepting application to replace Judge Gold.

Cap Out .....

Anonymous said...

Cronin should put in for gold

Rumpole said...

Another shoe drops. Mary Barzee to leave bench
And join Gene Sterns.

CAPTAIN said...

Thanks for that up to the minute news Rumpy. See my post above yours ;)

Anonymous said...

Walsh on the lamb?

Anonymous said...

I'll let you know when a judge who will be actually missed resigns.

the trialmaster said...

bottom feeders, charge a reasonable fee of 25k for a reasonable doubt. try the damn case.

Anonymous said...

Interesting that MADD is now opposed to DUI quasi-diversion since they participated in the planning the whole time. And since the program conditions require a hefty donation to MADD, can we assume they will now refuse those donations?