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Some innovative approaches to sentencing drunk drivers

By Douglas A. Berman

At Grits for Breakfast, Scott Henson has this extended post on a new proposal being implemented in Harris County, Texas for dealing with drunk driving offenders.  Here are the basics via Grits: "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."  This Houston Chronicle story highlights the negative buzz the proposal is getting from the defense bar: Defense lawyers said the Harris County District Attorneys office's new DWI diversion program, set to begin Aug. 1, may be unworkable, and possibly illegal, after hearing the details Wednesday.... JoAnne Musick, president of the Harris County Criminal Lawyers Association, said the program is coercive and appears to thwart the intent of the Legislature, which prohibits deferred adjudication for DWI offenses...continue to full post

Full post as published by Sentencing Law and Policy on July 30, 2009 (boomark / email).