Wednesday, February 26, 2014

DUI Honor Roll



Yeah, you read that headline correctly. I created a new category of award for Taylor S Aldrich, age 29, as I have a feeling he will learn from his mistake.  And I only wish I could say that more often.



On his initial appearance before Judge Payne on Monday he asked for a continuance of his DUI case and requested the court appoint an attorney. But his "liquid assets" were a tad too high (note he was driving an Audi) and the cost conscious judge denied him a public defender.

About an hour later Mr. Aldrich, having gone out of the courtroom into the hallway to confer with an Assistant DA, came back before Judge Payne and accepted a "Standard 24D disposition," available only to first time offenders: Immediate 45 day loss of license, one year probation, take an alcohol training program, pay $500 in court costs. and monthly probation fees.

The prosecution still went through the motion of presenting evidence from the APD investigation: Mr. Aldrich was all over the road before being pulled over, reeked of alcohol, failed the agility portion of the Field Sobriety Tests and even back at APD station had to use a wall for balance.

Although he was rational enough to refuse to take the Breathalyzer test back at the station

Judge Payne looked directly at him and asked, "Are the facts just presented true?" "Yes your honor," he replied. As the Judge read him the standard disclosures asking if he were now under the influence of drugs or alcohol or had anyone pressured him into making this plea deal he responded "No, I prefer to take my punishment."

Yes, a good lawyer could -- for a price -- probably could have gotten him a better deal. I've seen attorneys use police witnesses in these type cases for target practice.

But instead he stood up and accepted his punishment.  Making the road to recovery just a tad smoother.

3 of the 4 charges were dismissed

3 comments:

Anonymous said...

You seem to not understand how this works. The 24d disposition is what everyone gets, and it is the best deal possible. Every oui you have covered gets this deal unless they kill someone or have over like five convictions.

Larry Kelley said...

Nah, lots of the perps lawyer up.

And then for a private attorney to recommend a 24d, would be a considered a loss.

Anonymous said...

Nope. Maybe you lack experience with this stuff because you have responsible friends and family, but you are wrong.

Most people lawyer up, obviously, and get their lawyers to make a plea with either the judge or ADA to CWOF the OUI if a 24d alcohol education court is completed. I know probably a baker's dozen people who have been arrested for OUIs in MA, and this is the preferred route. The alternative is to go to trial after the arraignment (the arraignment is when CWOFs are typically given), and either get a dismissal from a judge or jury, OR to get convicted. Most people do not go to trial, and an equally small percentage enter a guilty plea at the pre-trial conference.
The 24d is not any more honorable at all, but the most common route people take with a CWOF ending in dismissal after a one year period of probation. Some people actually take the conviction, which would be "honorable" in a sense.
Also, if you have free time look up MA CORI laws, which have been revised since 2012. Here's a link: http://www.massresources.org/cori.html

The reason you get emails from people is because your site is the most traceable link to their arrest records. For almost all jobs that don't involve driving, your site is probably the only trace left other than what the court and cops have as resources.