http://www.wral.com/news/local/wral_investigates/story/2928873/ Smithfield, N.C. — Drunken-driving charges are dismissed twice as often in Johnston County as in most other North Carolina counties, according to state records, prompting a call from authorities for change. Forty-six percent of the driving while impaired charges filed in Johnston County in 2006, the latest year for which records are available, were dismissed, according to the Administrative Office of Courts. Statewide, the dismissal rate for DWI charges is 21 percent. In neighboring Wake County, the dismissal rate is 20 percent. When acquittals and pleas to reduced charges are factored in, the actual DWI conviction rate in Johnston County is about 27 percent, state records show. "The defendants are laughing at our justice system and going right back to driving drunk again," Johnston County Sheriff Steve Bizzell said. Hipolito Hernandez is one of those drivers. Hernandez, 30, of Parkertown Road in Four Oaks, had two DWI cases dismissed and a third reduced to a lesser charge in recent years. A fourth DWI charge was pending against him when he was arrested in connection with a hit-and-run that killed a 7-year-old. Marcus Lassiter was trying to cross a road in Four Oaks on April 13 when a car hit him. He suffered brain damage and was taken off life support a few days later. Hernandez is charged with second-degree murder, felony hit-and-run, felony assault, possession of a stolen vehicle, driving without a license, speeding and reckless driving – as well as his fifth DWI. "It's time for the court system to do their job," Bizzell said. "Quit letting the DWIs just walk out the door." Johnston County District Attorney Susan Doyle said she was surprised by the number of dismissed DWI cases. "I'm frustrated," said Doyle, who was elected in 2006. In many cases, charges were dropped when arresting officers didn't show up for court. Yet, the files often show legitimate reasons they couldn't go to court: they were in training, serving in Iraq or on vacation. One case was dismissed because the arresting officer was at a funeral, while another was tossed because a Highway Patrol trooper was at the hospital with his wife for the delivery of their baby, records show. Chief District Judge Andy Corbett said defense attorneys "shop" for judges by trying to get on court calendars when judges they consider more lenient will be presiding in Johnston, or they seek dates when officers might not make it to court. "I would have some problems about that," Corbett said. WRAL tried to contact several defense attorneys who practice in Johnston County, but none returned phone calls. In two DWI case files, trial dates had been continued so many times at the defendants' request that new court dates had to be scribbled in the margins. One defendant got 21 continuances, while the other got 18. "Then, the one or two times that the prosecutor asked for a continuance because the officer is out of place for a legitimate reason, it's not allowed. That is disturbing," Doyle said. "They're getting put off – some of them are getting put off way too far. But we need to look at why. What are the reasons for it so we can better deal with it?" Corbett said. The judge called for better communication between prosecutors, officers and judges to limit the dropped cases – and possibly undo Johnston County's reputation for being lenient on drunken driving. Reporter: Cullen Browder Photographer: Robert Meikle Web Editor: Matthew Burns
Saw that last night on the news - just disgusting! They need some other way to prosecute, without the ticketing officer having to appear in court or something. :evil:
I have never understood this. There's not much doubt as to whether you are guilty in a DWI case, if you blow .08 or higher you are guilty. But so many get off until something like this death happens. It's really sad.
It would be interesting to see the media print information listing the names of those judges who have failed to faithfully discharge their duties as officers of the court.
I was just in court last Wednesday for a speeding ticket in Johnston County. The DA was reducing everything and dropping most cases to improper equipment. I guess as long as they get the court fees, that's all that matters to them. I had the judge they showed on TV last night!
Yeah..that pesky little thing called the Constitution....how dare someone be allowed to face their accuser. IMO...the biggest problem right now is most of the local judiciary are Democrats....the Sheriffs and DAs Office are Republican....and defense lawyers are allowed to give money to judges running for office....you get what you pay for a lot of times.
I fail to understand how on one day you can say something like this and then the next day you say this
What's so hard to follow? If the Republicans were in charge of the local judiciary and the Dems were in charge of the Sheriff's and DA's Office....I have no doubt the situation would be the same as it is now....one trying to make the other look bad.
From that angle I understand your statement, I would like to believe that what you are proposing isn't the case, but I can see it.
I didn't say they shouldn't get a trial, I said there is no question of innocence or guilt unless the intoxilizer failed, which is probably 1% of the time. The dismissals are ridiculous.
The way I understood it on the news last night was that the reason they were being dismissed was because the arresting/ticketing officer could not be in court to testify. Some had what appeared to be legit reasons - but the DA (I think thats who was speaking) was saying that 'that' needed to be looked at, that it seemed much too easy for the officers to get excused from court.
Police officers are supposed to have regular days in court, and their cases are supposed to be scheduled for the days they will be there. Sounds like the system is not working the way it's supposed to.
Exactly - that's what they were getting at - that too often they were being excused. They showed some documents that had been continued forever, had dates written all down the sides of the envelope. Said sometimes the officers (or maybe it was the da's or both) will keep gettting dates rescheduled cause they're trying to get a particular/more leniant judge.
Clayton PD's soultion It seems like like the Clayton PD has the right idea to combat this. If the DWI gets dismissed, they are RE-CHARGING them with the same offense and sending 'em back to court! http://www.wral.com/news/local/wral_investigates/story/2934905/
Generally the charging officer knows which days he is scheduled for court when he initially writes the ticket. The defense lawyer then gets a continuance...which may or may not be a day the officer has court scheduled. Its the defense lawyer who is judge shopping...not the DA or arresting officer. On the news report they were showing how lawyers had gotten 18-20 continuances...which can only be granted by the judge. The hope is to hit the jackpot when the officer can't be in court for whatever reason.
