Road trip

Today was a road trip Wednesday. I had a client with a commercial driver's license who got a speeding ticket up in Brazos County. Since he had a CDL our only choices were to plead the case or try it. He chose to go to trial.

Now it's one thing to try a case on your own turf - but trying a case on someone else's turf is quite another story. After we finish questioning the jury panel the judge asked us if we were ready to make our strikes. Um, Judge, I've got a few folks I need to challenge for cause. After I announced my challenges I felt right at home as the judge proceeded to do his best to rehabilitate each of the jurors who announced that they were biased against my client in one way or another.

Trying the case was pretty much the same as anywhere else - with the exception that, in Brazos County, police witnesses apparently are allowed to read from their notes when the testify. Oh, silly me. I guess I should have read the local rules in advance.

After testimony was completed we gave our closing arguments. I wasn't aware that it was customary in Brazos County for the prosecutor to take my demonstrative aid and throw it across the courtroom. I think that was Local Rule No. 2. Well, either that or not giving the jury a written or oral charge.

The judge told the jury to go back and decide whether my client was guilty or not. I asked if we could approach and I asked to see the charge. He handed me the verdict form. I asked him where the charge was and he told me I was looking at it. Luckily someone told me that this judge didn't give the jury a charge so I had already taken the time to draft a charge that the judge ended up sending back with the jury.

About 45 minutes later the jury informed the bailiff that they were deadlocked and the judge declared a mistrial and sent us all off on our way.

I ended up at Rudy's BBQ on Jersey. Rudy's is a chain - but still serves some pretty damn good barbecue. I had my usual - brisket and sausage - with a side of creamed corn. The brisket was moist with a health smoke ring. Rudy's smokes their meat with a healthy dose of oak. The jalapeno sausage was cut lengthwise instead of sliced and had a bit of a kick to it. My only complaint was the slightly funky taste of the sweet tea. I know I should probably go back to getting unsweetened tea and using the pick packet of cancer-causing sweetener - but I digress.

All in all, it was some good stuff.

Law and order: Rockport

I was down in scenic Rockport yesterday handling an appeal of a case involving the holder of a CDL. Due to the infinite wisdom of our state legislators, if you hold a CDL in Texas, you cannot get that ticket dismissed in JP or municipal court through defensive driving or deferred disposition. However, should you appeal your plea or conviction to the county court, you can get the case dismissed through one of those avenues.

What's even more absurd it that in a county like Aransas County (Rockport is the county seat), the county attorney's office handles all misdemeanors -- including traffic cases. So I dealt the the county attorney on my client's ticket while it was filed in the JP court and, as we were unable to come to a mutual agreement, we pled no contest, posted an appeal bond and appealed the conviction to the county court. And who would I be negotiating with in County Court? None other than the county attorney.

To his credit, the Aransas County Attorney, Mr. Richard Bianchi, realizes this little "dog and pony" show the legislature has created is an incredible waste of time and money for the courts, defendants and attorneys. He is trying to find a way to steer CDL cases to the county court in the first place to avoid this absurdity. One way might be to offer pretrial diversions at the JP level, thus eliminating the need to appeal a plea.

We reached an agreement for my client to receive pretrial diversion and a dismissal. Then things got weird. We approached the judge and he informed my client that by entering into the agreement he was pleading guilty to the underlying charge but that the case would be dismissed if he complied with the terms of the diversion agreement.

Hmmm. Entering a plea with the judge deferring a finding of guilt until the terms of the agreement were satisfied. That's not pretrial diversion, that's a deferred. Of course since it's a Class C misdemeanor it doesn't matter -- but on a more serious offense it raises the question of whether the person is eligible for an expunction per the Texas Code of Criminal Procedure.