Monday, July 03, 2006

No Breathalyzer, No Plea Deal

In a pointed reference to a plea deal Marion Co. Prosecutor Carl Brizzi's office reached with Nancy Irsay, his Democratic opponent Melina Kennedy appeared at a joint press conference with the former head of MADD, Daniel Hodgkins, to support a proposal which would bar plea deals for suspects who refuse to take a breathalzyer test. Under current Indiana law, a driver who is suspected of driving while under the influence and who refuses to take a breathalyzer test automatically has his/her driver's license suspended for one year. The Star's Richard Walton writes:

While Indiana law requires motorists suspected of driving while intoxicated to take the breath test or face a 1-year suspension of their driver’s license, Hodgkins said some high-profile cases where deals were cut on criminal drunken driving charges have raised doubts about the requirement.

Hodgkins appeared at a news conference Monday in which Melina Kennedy, Democratic candidate for Marion County prosecutor, made the proposal regarding plea deals.

“I’m concerned about people saying that they don’t need to take a Breathalyzer, and that it might actually help their (criminal) case,” she said.

Earlier this year, Brizzi's office allowed Nancy Irsay to cop a plea for reckless driving, even though she was pulled over by police after she sped her car through an intersection at more than 70 mph in a 30-mph zone, causing her car to go airborne. Irsay refused to take a breathalyzer when asked to do so by police.

3 comments:

  1. Anonymous1:50 PM GMT-5

    Go Melina! Hope that the voters of Marion County finally figure out that they can do much better than their current prosecuting attorney.

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  2. Anonymous3:01 PM GMT-5

    That's awesome.

    I'm still not sure about Melina, but I like the one system of justice regardless of personal wealth.

    I like the No Breath Test, No Plea idea...

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  3. Anonymous9:57 PM GMT-5

    Just note, this means that every person accused of DUI who does not take a breathalizer test will have to go to trial since there will be no plea offered.

    You thought the courts were clogged now. If I were a defense attorney I'd welcome it. I look forward to turning the wheels of justice as slow as possible.

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