BREAKING: HOT NEW RUMOR- LONG TIME 3RD DCA JUDGE DAVID GERSTEN TO HANG UP HIS WORD PROCESSOR FOR PRIVATE PRACTICE. He will join Donner and Dancer and Blitzin at the north pole.....woops...he will join Bilzin, Sumberg Baena Price & Axelrod, LLP. His last day to vote to affirm is July 5, 2011.
Attention: The Colonel Of County Court has an announcement:
DUI DIVERSION PROGRAM IN EFFECT AS OF TODAY:Up through Monday May 2, 2011, if you had a client who had a first DUI (simple case- no accident, no injuries) and the case went to trial and you lost, the prosecution would ask for jail (up to six months) and Judges would normally give jail and everyone would join in the fiasco that the client was not being punished for going to trial. No one would mention that the plea offer seconds before the jury was brought down was a non-jail offer. But the Judge and prosecution would go out of their way to justify the punishment based on "the facts of the case."
No more. As of today, Monday May 9, 2011, DUI DIVERSION is now in effect. Your client, if he or she jumps through some hoops and pays a boatload of money (it's always about money Rumpole, isn't it?) and has DUI in which there is not an accident or an injury, they will get a reduction to a reckless driving and a withhold of adjudication.
How will these judges and prosecutors ever be able to look at themselves in the mirror again based on how they treated first DUI offenders who had the temerity to demand the state prove the case beyond a reasonable doubt?
Nota Bene: This is a Dade County program and not statewide. Although Orlando has a diversion program as well for DUIs.
That is all. Dismissed. And remember: there's gold in them there misdemeanors, just not as much as there used to be in DUIs.
Rumpole says: We never understood how you could steal a car and get diversion for a felony first offense, but not get diversion for a misdemeanor.