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New Harris DWI 'diversion' plan causes more problems than it solves

Harris County DA Pat Lykos yesterday rolled out a highly punitive and possibly illegal "diversion" program for first-time DWI cases, leaving the Houston-area legal blogosphere abuzz. See the actual plan (pdf) and initial analysis from criminal defense attorneys Mark Bennett, Paul Kennedy and Murray Newman; here's the Houston Chronicle's coverage.Bottom line, all first time DWI defendants will be offered two options: 30 days in jail or two-years on probation in a newly created (and poorly named) "diversion" program, after which charges will be dismissed. The legal bloggers out of Houston are covering this well, but let me just make a few observations:We were earlier told part of the purpose for this plan was to reduce jail overcrowding, but this proposal will significantly increase it at a time when the Harris Jail is overflowing and the Sheriff can't adequately staff the jail for the population they've got...continue to full post

Full post as published by Grits for Breakfast on July 30, 2009 (boomark / email).