These are the musings, ramblings, rantings and observations of Houston DWI Attorney Paul B. Kennedy on DWI defense, general criminal defense, philosophy and whatever else tickles his fancy.
Saturday, March 7, 2009
Beware the bogeyman
Every district attorney's office has its own bogeyman. In Harris County it's driving while intoxicated. The DA's policy is never to reduce a DWI. The prosecutors are told to try 'em or dump 'em.
In Galveston County, the bogeyman is prostitution. A first offense will net you 30 days, a second offense gets you 60 days and a third costs you 90 days. Probation is not offered to anyone who has a prior conviction - for anything.
It doesn't matter if you have no place to live because you've run away from your biological father who's a registered sex offender because he raped your older sister. It doesn't matter if you were molested and abused by him. It doesn't matter if the officer approached you and asked you how much for oral sex.
The Galveston County DA's Office won't think twice about reducing a DWI to obstruction of a highway or reckless driving - even with a high breath test, but don't bother asking them for some compassion or understanding if you represent an accused prostitute.