Should First Time DUI Offenders Go To Jail?
BLOOMFIELD HILLS (WWJ) - A Bloomfield Hills attorney is challenging a judge on her track record of putting first time drunk driving offenders in jail. Attorney Bob Larin has filed a motion against 48th District Court Judge Kimberly Small.
Larin believes Small is violating the defendants constitutional rights, as well as legislation that allows zero to 93 days for first time offenders.
"Probably 80 or 90 percent of the cases she gets are first offenders, but she brings up pictures and so on showing people being killed by drunk drivers, which are not even in her jurisdiction," said Larin. "There are things in another level of court."
Larin filed the motion of one of his clients, a 67-year-old West Bloomfield man who was recently arrested for the first time on charges of operating while intoxicated. Small has his case.
"We want to find out if you have a drinking problem. We want to see if this is going to be something that might repeat. But the experts say that two-thirds of the people that get picked up for first offense, without jail, don't ever have another drinking offense," he said.
Judge Small is not commenting on the case.
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