GET A LOAD OF THIS...
From the Justice Building Blog:
OFFICE OF THE STATE ATTORNEY KATHERINE FERNANDEZ RUNDLE
ELEVENTH JUDICIAL CIRCUIT STATE ATTORNEY
Effective January 12, 2009, the Office of the State Attorney will ONLY Nolle Prosse Driving While License Suspended and No Valid Driver’s License (DWLS/NVDL) cases when a Defendant brings a valid Driver’s License to a ONE TIME ONLY,specially set, hearing docket. This docket will be known as the "DWLS/NVDL Report Calendar." The report calendar will be specially set no later than 60 days following a Defendant/Defense lawyer’s initial in-court appearance. The report calendar will be set for the exclusive purpose of determining whether a Defendant has been able to get a valid Driver’s License. Habitual Traffic Offender cases, DUI Suspension or Revocation cases, and DWLS/NVDL accident cases will not be eligible for this report calendar.
Rumpole says: Yes, to combat the extra work and backlog in county court, and meet the challenges of less employees with this budget crisis, our State Attorney, in combination with Judge Slom in County Court has devised a system that: 1) creates an additional calendar; 2) creates another level of bureaucracy; 3) Will result in less cases being dismissed. Yup, the criminalizing of America continues.
Wow!
In comparison, JAABLOG wonders what Rumpole thinks of the dear old Broward SAO, which, until recently, refused to even offer a diversion program for DWLS.
DWLS charges dropped in open court upon proof of a valid license? Are you kidding, Rump? Give people a fair shot at keeping their jobs without having to jump through a thousand nonsensical hoops which are then followed by Operating Without A Valid DL probation? And now you're complaining about a special set docket to drop the cases?
Come up to Broward, old friend. We'll give you the guided tour of the land that time forgot. You'll hear all the old stories about the poor slobs who got their licenses back, only to have the state refuse to drop or change the charges, kicking in another five year HTO suspension. It didn't even matter if the guy had never been in an accident!
Come on Rumpole. Did you forget the Broward SAO credo "gerbils on wheels are better than happy, productive people"? Be thankful for what you have, or, at the very least, stop rubbing it in!
Word.
Broward SAO's handling of DWLS cases is a disgrace.
Dade has a long history of acting in a reasonable manner with regard to people who get a DWLS and then fix their license. However, Ms. Rundle and Judge Slom apparently are taking their cue from Broward. Reasonableness is out the door.
The problem is that their solution creates more license suspension cases for the future because as traffic lawyers have reliably informed me this week, 3 DWLS convictions, including three withholds, gets you a 5 year revocation.
We live and die by the 3 convictions rule here. We deal with it every day. It is the principle method through which the Broward SAO mints felons or revokes probation, sending people up the river. The diversion program is too little too late. The Miami approach is the sane one, but then again Miami SAO has not been waging war against its poorest and most vulnerable citizens for 30 years.
They don't have a clue have good they have it in Miami. This place is definitely a police state.
Yet, the Broward Defense bar does not give two shits about this. Why the BACDL does not raise hell is mind blowing to me. What a bunch of dopes. Stand up. Fight this bogus b/s.
More complaints which, however justified, are typical of the defense bar's tiny little one case one county sandbox mindset. The legislature is CURRENTLY in session, you fools, and they're cutting everything they can. They got rid of felony DWLS Habitual: perhaps one of you geniuses would care to draft a bill narrowing how someone can get habitualized? Or would that take actual work rather than just whining?
This should be at the top of the JAABLAW page again. Needs more attention. Miami is pissed their cases only get dismissed on a special calender!? Broward! Broward! Broward! What an embarrassment we are and no one cares.
Draft a bill ourselves? How about the SAO stops treating these cases as if they were armed robberies. I had a client looking at 4 years in prison for DRIVING! The downward departure statute specifically allows for the STATE to go below guidelines if they choose, no questions asked. Stop waiting for the legislature or someone else to fix the problem and fix it yourselves...by filing cases more reasonably at the outset or by making offers that make sense. Broward is a joke.
Control over the masses is the Broward County way.
Don't worry folks every day e-mails go out to the lay voters that are not involved in the system so that become educated as to what is going on.
Oh, and don't forget about the "if you requested discovery, no soup for you!" rule in the county court diversion programs.
I am an ASA and I found this statement really funny. I actually laughed out loud!!!
You think it's bad in Miami? You oughta drive a little north and see how bad it can really get.
I often say how in retrospect I reall enjoyed law school; it was interesting, challenging, & we were all full of pee & vinager, but that the actual practice of law just sucks cuz of crap like this.
Come to Broward. See how good you've got it.