MONEY TALKS - Getting off Probation

     Clients often complain that the criminal justice system serves as nothing more than a money making collection machine - particularly onerous for those who find themselves in trouble that began with a financial squeeze. Can't pay fines on time?  Now add a late fee; and now your license is suspended and you have to pay a reinstatement fee, etc. Here comes a driving with license suspended charge. Now more expenses and fines. Then there are the costs of probation supervision. Add the surcharge of 4% for making payments over time. And on and on....

     If you want to get off probation without violations, especially early, you better put out all your financial fires: pay all costs, fines and restitution if that applies. Ask the court to do community service in lieu of payments if you have more time than money. You must satisfy financial obligations for ALL of your cases, even old ones that are closed to get off probation early! They say debtor's prison is a thing of the past. Yet probationers get violated every day for missed financial obligations. Fines and costs are unrealistically high, plus paying for costs of investigation and prosecution. Isn't that what the basic fines and costs are for?! Quite a way to try and generate sufficient revenue to run the criminal justice system - on the backs of the accused.

DUI DEFENSES

     As mentioned in a recent blog entry, someone may find themselves in an emergency situation that forces them to drive. That is the defense of Necessity. That reminds me of three other seldom seen but viable defense to DUI: Involuntary Intoxication, Entrapment and Duress.

      Involuntary Intoxication involves committing a crime after properly taking your prescribed medication (not alcohol or street drugs) and having an unanticipated adverse reaction that interfered with your law abiding intent. Now DUI is a general intent crime, that is, unlike most offenses where the state must prove you specifically intended to commit unlawful acts, you do not need to intend to drive impaired to be guilty of DUI. Still, I can see the application of this defense in certain circumstances. Certainly, if the adverse reaction and prescription can be documented, most prosecutors will have an open mind to consider a reduction of the DUI to a lesser offense. By the way, if you are driving impaired due to ingestion of something other than alcohol or a controlled substance, its not DUI.

     What about Entrapment? Typically, this is where an agent of the police (undercover cop, snitch) induces someone to commit a crime they otherwise would not be inclined to commit. It is a subjective matter for the jury to decide to cancel out criminal intent. The cop who waits for you to leave the bar and drive off has not committed entrapment. But one who tells you to get in your car and leave probably has done so. It will be a strange case indeed but not unheard of.

       Then there is Duress, being forced to drive due to a threat of harm. One can imagine a bad guy forcing the driver to drive the getaway car.  Also driving to flee a confrontation can arise. This is a particular kind of emergency. These situations do happen. 

     For these last two defenses, a plausible presentation at trial is key. Often, the authorities have some involvement so independent proof exists to verify the dilemma.