THE SALESMAN: REPORTING CRIME DOES NOT PAY
by John Lee
Lawyer: the only man in whom ignorance of the law is not punished. --Elbert Hubbard and Jeremy Bentham
What happens when you rely upon friendship to protect your legal rights?
Mitch is a forty-something salesman of recreational vehicles in a large city, earning $60,000 annually. He had spent twenty years as a tennis coach, and is active in local politics. His father retired from the FBI after 35 years. Mitch had grown up around the legal system, and had a partial understanding of the games that are played.
A friend of Mitch's had died unexpectedly the day before, and he had gone to a friend's house for consolation. He enjoyed a single drink.
Three hours later, on the drive home, his car's mirror was struck by an oncoming vehicle that had crossed over the centerline. The other car did not stop. He proceeded to the nearest pay phone to file a police report, even though state law does not require a report to be filed for damage less than $50.
City police arrived, and Mitch was glad to see his friend and neighbor was in the patrol car. He was advised the other driver had already alerted police on her cell phone. A second officer then alleged Mitch was guilty of "hit and run," since he had not stopped immediately. The cops proceeded with an accident interview.
Bad Cop: Have you been drinking?
Mitch: No.
Bad Cop: I smell alcohol on your breath. Will you submit to a Breathalyzer test?
Mitch: No.
Bad Cop: Will you submit to a field sobriety test?
Mitch: Yes. Sure. (Mitch performed test perfectly.)
Bad Cop: You passed the test with flying colors. Will you take a Breathalyzer?
Good Cop: You'd better go ahead and do it, it's okay.
Mitch: Okay. (Mitch tested 0.06% on the Intoximeter Portable EC-IR, which bypasses normal Miranda warnings.)
Bad Cop grinned: You mean 0.16%!
Good Cop: (His friend and neighbor said nothing. A citizen is supposed to be placed under arrest for DWI and read his Miranda rights before being asked to take a breath-alcohol test, which he has a legal right to abstain from taking. Portable units allow police to bypass required Miranda warnings.)
Mitch was then arrested for alleged DWI and taken to Gothyk County jail. He was not charged with hit and run.
The jailer told him, "You're not drunk." Mitch was released immediately.
Mitch hired a friend for his attorney, who was neither a specialist in DWI law nor experienced in defense work. The arrest report alleged Mitch was staggering around the parking lot, and alleged that he had never taken a breath-alcohol test. His friendly attorney told him, "The D.A. says he's going to get you. I can't help you. Just plead guilty."
Mitch waived his right to trial by jury, and plea bargained to guilty to public drunkenness, instead of DWI. The judge never listened to his side of the story (a legal requirement for a plea agreement). His license was revoked for one year, for the crime of allegedly refusing the blood-alcohol test. He was not required to attend DWI school, however, total fines and court costs totaled $3,000.
Mitch was required to quit his job as an R.V. salesman, due to his job requirement of having a valid driver's license and a clean driving record. He has a restricted driver's license (after purchasing expensive high-risk insurance), and plans to return to the R.V. business when his regular license is reinstated.
His new sales job pays him $20,000 a year, so he has lost over $43,000 this year, and all because another driver crossed the center line, hit him in a head on collision, and fled the scene of the accident. Mitch had not violated any laws or regulations. The DWI will remain on his driving record for three years, and remain on his arrest record for 10 years, seriously damaging his ability to earn an income in vehicle sales. As a result of his calling 911, his total income losses in three years exceeded $120,000.
He is furious at the injustice committed against him, and believes emphatically that something needs to be done about it. [Interview]
|