THE DISABLED AMERICAN: DRIVEWAY TRAFFIC LAWS
by John Lee
Fidelity to the public requires that the laws be as plain and explicit as possible, that the less knowing may understand, and not be ensnared by them, while the artful evade their force. --Samuel Cooke
How is a responsible person, someone who observes all laws regarding drinking and driving, expected to get home after visiting with friends?
Tracy, a cook, and Brett are both forty-something, and live in a small rural town. Brett, a military veteran, is permanantly disabled from a work-related injury and unable to work or provide any income. He had spent Friday afternoon at a friend's house, and was on his way home, when he was pulled over by city police, less than one block from his house. It seems he swung wide to enter a narrow street, crossing a painted line, which is the only way to safely enter that narrow road. It was 7:00 p.m.
The police officer asked if Brett had had anything to drink. Brett answered in the affirmative, that he had enjoyed one beer, over a several hour period. Brett also had an open beer can in his car.
Brett was arrested for alleged DWI. He volunteered to take both a field sobriety test and a blood-alcohol test, but was denied both. He was not charged with violation of the "open container" law (which only applies to drivers, not passengers).
His car was towed away.
Tracy was allowed to pay bond to get him released from jail at 2:00 a.m. Arraignment was at 9:00 a.m. Saturday morning. A court date was set.
One month later, a single judge determined Brett's fate, without ever listening to his side of the story: 48 hours in jail, four weeks of DWI school, loss of his driver's license for one year, and a total of $2,500 in fines and court costs (which Tracy had to pay). Later, it cost Tracy $85.00 to get Brett a new license, plus another $120.00 reinstatement fee, after purchasing very expensive insurance, despite the state having no legal requirement for drivers to have insurance.
Both Brett and Tracy are still traumatized by the encounter, and are now afraid to drink alcohol or socialize. It is general knowledge among fellow judges, lawyers and court victims that "Crazy Judge Weiner" was an alcoholic who drank liquor in his courtroom while judging his fellow citizens, and who was allegedly arrested for DWI on numerous occasions. The Federal Bureau of Investigation in Knoxville, Tennessee, declined an investigation, alleging, "It's up to the voters to get rid of him. We don't do that kind of investigation." This is despite recent news headlines of Tennessee judges arrested for rape, dealing crack cocaine and stealing general sessions court funds.
Neither believes it was right for police and the judicial system to treat them this way. [Interview]
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