I was told that that Salt Lake County Attorney's office had a policy of "No deals on DUIs." I learned first hand that the policy is true, even if the evidence is lacking. I defended a man accused of three DUIs. In all cases, I believed the man to be innocent. The evidence supported my belief. The man even passed a polygraph test that he had not consumed alcohol. When I presented this evidence to the prosecutor, I was told "sorry, it is our policy to take all DUI charges to trial." Twice the man was not convicted of DUI. The third case was finally dismissed.
I then found this article about the policy which states in part:
Miller said team leaders now decide plea deals, which streamlines the process.
Several critics also claimed Miller's refusal to plea-bargain any third-degree felony DUI cases has taken discretion from prosecutors. They said DUIs - which are enhanced to felonies by prior DUI convictions - are now being filed based on sometimes inaccurate rap sheets or driver license records, where the office used to require police to bring certified copies of prior convictions.
Miller said the new approach gets defendants before a judge more quickly, and prosecutors can more easily obtain certified copies of convictions than police.
"The intent is to speed up cases and get to court quicker, so they are easier to resolve," Miller said.
One former prosecutor countered that with no offer on the table, defendants are more likely to drag out cases because they have nothing to lose.
Read the whole story below.
Innocent people are being dragged through the system because of a get tough policy on Felony DUIs. The prosecution attitude is that people never change. If a person has been convicted of DUI before, they must be guilty now.
People can change. People do change. Sometimes people make mistakes over and over again, but give them only what our constitution requires, "the presumption of innocence."
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