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THE JUDGE: CRASH VICTIM AND CRIMINAL ARREST

by John Lee

This is a court of law, young man, not a court of justice. --Justice Oliver Wendell Holmes, Jr.

What does a judge do that is different from the average citizen? Do judges really understand how the game is played? How do police treat a government attorney who occasionally allows citizens their civil rights--denying the police their source of income?

Judge Jack Whitson was involved in a minor traffic collision. Although he was slightly injured, he refused medical treatment until the next day. During an accident interview, Jack admitted he had had a couple of drinks earlier that day.

Jack was asked by police to voluntarily agree to take a field sobriety test. He agreed to take the test. A police videotape showed that he appeared to perform the test without any apparent difficulty. Police reports alleged the judge was "unsteady on his feet and his breath smelled of alcohol," despite the clear video evidence to the contrary.

Police placed Jack under arrest for DWI. He was asked if he would voluntarily agree to take a breath-alcohol test (under threat of losing his driver's license). The police videotape recorded Jake exercising his legal right to abstain from taking the test. His driver's license was immediately suspended.

Prosecutors dropped charges of DWI, but pursued conviction under the implied consent law, resulting in revocation of his driver's license for one year for exercising his legal right to not take the breath-alcohol test.

After purchasing expensive high-risk vehicle insurance, the government sold Jack a restricted driver's license.

The judge took a voluntary leave of absence from his judgeship. [Newspaper reports]

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