Posted on 09/13/2008 8:07:45 AM PDT by Excuse_My_Bellicosity
Retired Sutter County Judge Timothy J. Evans' second drunken driving sentence is the same as the first — doing pro bono legal work instead of occupying a jail cell.
Evans, 65, reported as ordered Friday to the Sutter County Jail and signed up for a work-release program. He must work eight eight-hour days for the California Rural Legal Assistance office in Marysville and will spend nights at home, not at the jail, said Sheriff J. Paul Parker.
A judge sentenced Evans to 12 days. Serving two-thirds of the sentence, or eight days, is standard practice, Parker said.
After his first DUI conviction in 2006, Evans worked four days for the same office.
Parker said Evans is getting the same treatment as anyone else sentenced to fewer than 25 days, provided the sentence is not for a violent or sexual offense.
Evans was not eligible for manual labor because of a health condition that prohibits him from doing strenuous or hot work, according to Parker, who said a federal health privacy law prohibited him from disclosing the condition.
In August, 57 inmates worked a total of 1,760 hours in the work release program. Some, like Evans, were judged unfit for manual labor, the sheriff said.
"Some are so bad they're put on a home detention" and fitted with an electronic bracelet, he said.
Evans paid a $50 administrative fee to participate in the program and must pay $13 for each day worked, Parker said.
Evans' blood alcohol content was 0.23 or 0.24 — three times the legal limit — after the California Highway Patrol pulled him over July 14 on Highway 20 in west Yuba City.
Evans' BAC was 0.22 after he was arrested Nov. 6, 2006, in the parking lot of the Red Robin restaurant in Yuba City.
Completely inappropriate. Whoever handed down this sentence, and the prosecuting attorney in this case need to lose their jobs.
That may be true. But does not apply here. From the article...
Parker said Evans is getting the same treatment as anyone else sentenced to fewer than 25 days...
The sad truth of the matter is that most people don't give a care if anyone drives drunk. Sentences like this are common and routine.
All most drunk drivers get is a slap on the wrist.
And their victims? Well, they get a nice funeral.
“The sad truth of the matter is that most people don’t give a care if anyone drives drunk. Sentences like this are common and routine.”
I disagree. In my state a second DUI in 2 year’s time will land the average Joe in the klink for 10 days MINIMUM.
This judge was let off easy.
And their victims? Well, they get a nice funeral. “
WTF???
You are sadly mistaken. Most DUI’s involve only one car, much less an accident, much less a death.
By the way, if you have a .07 BAC and are parked in your car legally on the street, placing a cell call to a cab company to pick you up and a car runs a stop sign hitting another car with the right of way and one of the cars runs into you (the drivers of the other two cars have not been drinking) this will be categorized as an alcohol related accident and you will likely get a DUI as in most states the BAC limit lowers to .06 if a traffic infraction ‘occurs.’
Thanks MADD.
You will not get a slap on the wrist.
five years probation and if caught drunk again in violation of parole.......it would be more than ten days....six months is more like it...
Sadly Mistaken?
Sure. Whatever.
And the 17,000 plus dead victims annually killed in DWI fatalities?
Are they sadly mistaken also?
“five years probation and if caught drunk again in violation of parole.......it would be more than ten days....six months is more like it...”
I can’t disagree. Plus the judge blew a .22 the first time. I didn’t catch the reading on his 2nd DUI but if it was another .22 then the judge would not give the 10 MINIMUM.
The 10 day MINIMUM is after 20-30 days are suspended pending probationary time.
Second offense DUI in California carries a fine of $1800-$2800 and MANDATORY JAIL TIME. Must be nice to retire from a job where your former co-workers can give you an easy ride whenever you get picked up driving so drunk you don't know your own name.
The numbers are rigged.
I DO NOT condone driving under the influence, but the statistics are blatantly over inflated.
The given matter is true but not applicable for all situations.If retired judge aviods jail time in 2DUI the first judge blamed to that result.
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