Ah, justice:
Jurors this afternoon found the daughter of Mayor Bill White not guilty of driving while intoxicated.
Precinct 5 Deputy Constable Nicholas Derkowski, who had been on the force for about two months when he arrested White, testified she smelled of alcohol, slurred her speech, stumbled and failed sobriety tests. She declined to take a breath test.
Boy, with that kind of shaky evidence, I’m surprised this one even went to trial.
Apparently the standard for conviction requires that you have a neon sign on your car reading “I AM DRUNK.”
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The Ted Kennedy club gets another member
The rookie screwed up the evidence and the prosecution agreed to the fact. In reality justice was served as the mandated requirements to make a DWI case weren’t established.
Maybe so, but to the casual observer, it looks like “the standard for conviction” also includes the fact that you can’t be Mayor McWhiFi’s daughter and be convicted…
The key to this case was “White”, and I don’t mean her last name.
The key to this case was the defense attorney, Rusty Hardin.
Why was she not charged with MIP? Wouldn’t that have been a much easier case to make?
The cop screwed up and also I am sure he was given some speak about testifying that you blew it and you get to keep your job. Also it was never questioned that the girl was driving at night without the lights on. Why? Obviously something was going on. Maybe see was borderline intoxicated and was coming home. I think it would have been better for the girls image just to have pleaded no contest and paid a fine that would have been imposed. Another trial of fairness in the good ole USA. Just how old is the girl? Does she go to college or high school in Houston? A big money man like the mayor I would think that his college age daughter would be off at some Ivy League school. The incident did happen in summer but not the trial. Anybody know.
Anyone notice the “speedier than usual” trial?
#5 Neo
Amen. You are correct. That guy is good. Suppose it was gratis?
#4;
Don’t start that BS!
Where’s the video, from the unit that charged the daughter, which would have verified that the officers made the right call?
#5;
bingo!
Must be really great being a Police Officer these days?
rj
#4…ummm…do you know the ‘complexion’ of the jury?
There should still be a penalty for:
1. Minor in possession.
2. Failure to take the breathalyzer.
3. And probably for violating the city curfew.
I think she was very lucky - whatever the reason she was found not guilty. DWI convictions in Texas can never be expunged, nor can the “offender” ever file for non-disclosure. It’s a life-time sentence and it would have followed her for the remainder of her life.
Where did MADD weigh in on this case? As Hizzoner initially stated “mistakes were made.” How many DWI’d does Rusty Hardin handle each year? Let’s sick (no pun intended) the girls on The View on this case.
Another one of those, expensive defense attorney gets client off cases. If she hadn’t drank anything then why did she refuse the breath test. Was she afraid the officer was going to plant evidence. Anything that would have happened would be political or what. She knows whether shes guilty or not, let her consious deal with it.
First of all we don’t know that this officer was a rookie. We only know from the reliable Houston Chronicle that he had been with this particular agency for two months. Also, what were the mistakes?
Second, it is difficult to get a jury conviction as many on the jury sit there thinking, “except for the grace of god, there go I”.
As for refusing to give a breath sample, she will have to attend an Automatic License Revocation hearing, which can suspend her license for up to six months.
Let’s see how long it is before she gets into any more trouble.
She got off this time, I am sure she didn’t learn anything except “Hey, I am the mayor’s daughter and can get away with anything! COOL!”
I sat on a jury for a DWI on a teenage girl. We went through the sobriety tests in the jury room, trying to determine how difficult they were and comparing the testimony on her performance with ours. We were willing to give her the benefit of the doubt until she was asked on video, “How intoxicated are you?” “What?” “On a scale of 1 to 10, with 10 being fully intoxicated, what number are you?” “A four,” she replied. “A four?” “Yeah, I’ve got a little buzz going.” At that there was no question, but we still had a juror that wanted to acquit. Her reason? “I hope that someone on your jury won’t want to convict you when you get arrested.”
Everyone in the room looked at each other as we thought the same thing: wino! We did eventually convict.
The things $$$$$$$$ can do
I’m not a believer in karma, but I wonder how the jurors would feel if she goes out and get drunk (again) and kills one of their friends or family members.
To Rusty Hardin and any other defense attorney defending an obviously guilty drunk driver–don’t put me on your jury.
Snakes
You did not pull the race card did ya?
Well, if the citizens/voters of Precinct 5 don’t slam their elected Constable for this farse of an officer, then the Constable’s Office needs to scrutinized. His hiring policies just may have flaws…err, political flaws. Wanna bet that goof-up rookie cop is a friend or a friend?
m9777
Are you talking conspiracy?
Thats a dirty word around here.
Give the cop a break. Due to the serious consequences of DWI convictions, DWI defense is a very profitable and highly technical area. It’s really hard to get a conviction if the suspect has the financial ability to pay for a top attorney.
Yea, so the cop was relatively inexperienced, and he made mistakes on his reporting that gave the defense attorney a few holes to dig up. I doubt anyone else would have done much better given the circumstances. The cop will learn, and after 15 years, he will make less mistakes—just like all of us in our careers.
I view this like as a rookie baseball player, 20 years old, just started play in the minors at A level, being placed up against Roger Clements.
And in 20 years he will be able to recognise the names of those he pulls over, and deal with them or…….not!
Several things to keep in mind in this USA of ours.
1) One is innocent until proven guilty.
Field Sobriety tests have been proven time and time again that they are inaccurate and the guys that perform them are not trained very well. it is vey subjective and that leads to wrong answers sometimes.
2) Moranda Rights are given for a reason. They protect our first amendment rights. They are precious and the Police should not be allowed to trample on them like they do. Trust me they do and you don’t have to be black to have the “treatment”. Although to be honest it doesn’t help.
3) Our Police are not always right nor accurate. they are driven by incentives and motivated by prejudices. They are only human.
4) Prosecutors are motivated to try cases and there is absolutely no ramifications for them when they lose a case.
5) Our fine Mayor is driven by filling the coffers with money. Our police are being pushed to arrest and pursue every supposed crime because it makes the city money. See Red light cameras.
6) Unless you have never been in our court system you cannot understand what a huge money game this has become. Someday just go down to the courthouse and you get an idea of how much money is being passed around.
7) I can tell you from experience being held down town is not fun, and should not be. For anyone that has not been though the SYSTEM it is a life altering experience and one you do not ever want to have happen twice. Regardless of whether I am found innocent or guilty in my case it has changed my life and my lifestyle. But seriously I don’t think this young lady will ever be back and she was only there for a couple of hours. Does anyone really think that the Mayor and his wife haven’t severly reprimanded her. Lets just hope and prayed she learned her lesson.
9) I am shocked that most of you do not have more compassion for this young lady. She obviously made a mistake and as someone posted earlier she will have to live with the rest of her life.
To end this monlogue I can tell you this if you drink you will always run the chance of being hit with a DWI. One drink, two drinks, it is all the same.
They say money talks. Well, it did.
It was very clear what happened - Mayor Overlord White made an edict that said she is not guilty, or he would walk and leave the city.
Amazing how the cops made all those “mistakes.”
I really wanted to wipe R. Hardin’s stupid grin off his ugly, weird-shaped face.
#26:
“I am shocked that most of you do not have more compassion for this young lady”
Sorry. Drunk driving is drunk driving.
#1: She is a teen ager. Where did she get the alcohol?
#2: She got away with it this time - what about the next? When she either kills or maims someone for life?
I have a friend who is a pathologist in N.C. He says that in over 90% autopsies he performs on automobile accident victims alcohol is a major factor in the deaths.
Personally, I don’t think the jury did the girl a favor letting her off. She has just had her supposition that she is not responsible for her actions reinforced - by the court no less!
#7, why plead no contest when you can get off altogether? Makes no cents.
From what I’ve heard (close relation having had similar problem), his lawyer advised to never take the alcohol test. There is practically no case without it. By the time a court order forces it, you’re purged. You may spend a little bit in the slammer but the case is kaput. And for goodness sake, never offer any information stating you’ve been consuming in any capacity. #26, I agree completely that our courts are a money grab. Go fight a speeding ticket in a city away from home sometime. Your chances of winning are zero. That’s how these little podunk towns like Bellville make their money. And lastly, how many of us being honest now, have never had a beer or glass of wine at a restaurant and then driven home?
Hey “ONE VOICE” aren’t you the holier than thou person. Haven’t you ever read the bible? How about a second chance? Hell she should be stoned according to your misguided dribble.
Apparently you missed my point. Guilty until proven innocent.
And oh by the way I think you need to check your numbers. Its easy to quote statistics when you don’t know what you are talking about. and oh by the way the issue is not whether she will go out and do it again. If that were the case and you listen to MADD she should be incarcerated for life. There that would solve the problem. If our government we truly serious and this was even half the problem they say it is why not ban alcohol, close the bars, and close the border so the drugs couldn’t make it up here.
Oh by the way you are aware that by getting a drivers license you authorize the state to take away your license if you do not submit to a very subjective and disputed field sobriety test.
So tell me where does it end. Should everyone have to perform a drug and alcohol test every six months to be able to drive. And oh by the way what are drugs and alcohol. Under the current law you coul lose your license if your were taking a prescription drug. Read the little disclaimer the next time you take a prescription.
You need to think about it.
#26 - Sorry I agree with OneVoice
This girl is now 17. I don’t know if she was 16 or 17 when she was arrested. Bottom line - she should NOT have had ANY alcohol until she is 21. She should NOT have been driving with her lights off and swerving all over the road. She should NOT have violated curfew. Anyone else would have been written up on MIP, Curfew Violation, Reckless Driving, Driving at night without lights, etc. And anyone else would have gotten, at the very least, a hefty ticket to pay.
The compassionate thing to do was to have her do some community service at an organization that deals with the after effects of driving while under the influence. To do that may mean the difference if she drives drunk in the future or acts more responsibly (why didn’t she just call her parents to come get her?).
The whole thing is simply who her attorney was. I can’t stand to see his smarmy, smirky face on TV when he defends obviously guilty parties.
This has absolutely NOTHING to do with being compassionate! It has to do with the fact that a teenager was driving under the influence - regardless of what she would have registered on a breathalizer.
Teens have enough trouble getting enough driving experience under their belts without killing themselves to begin with without putting alcohol in the equation. Add to this their “immortality complex” (It’ll never happen to ME!) and you’ve got a real problem.
If you don’t think “driving under the influence” is a serious problem, I suggest you spend a couple of weekends sitting in an emergency room and see for yourself the number of alcohol related accidents that come through the doors. I’ve worked in enough emergency rooms over the years to dread seeing the young people brought in - looking like they’ve been through a meat grinder and paramedics frantically doing CPR - and looking at their waxen faces and knowing they are already dead - not to want to see any more!
I repeat:
1. Where did she get the alcohol?
2. Were were her parents?
3. A slick, high priced lawyer got her off when a policeman obviously believed she was “under the influence” when he wrote the ticket.
I hope and pray that I - or you - never share the road with her - at any time!
As for the numbers - I’ll take the pathologists facts over your opinion any day!
Will she do it again - just look at the stats!
Finally - entirely too many DWI’s are let off with a slap on the wrist only to go out and drive “under the influence” again, this time killing someone - sometimes entire families.
What do you propose to stop this?
Should she do hard time? No. But she should have to undergo SERIOUS consequences for her actions!
Here’s hoping the mayor is getting her attention.
I have to admit you make good points and I certainly don’t have the answer but apprently either do you.
The bottom line is that the prosecutor could not prove their case to a jury of her peers and you guys don’t agree with that. Do I think she was drinking. Absolutely. Do I agree with the way it was handled by our police and legal system. Absolutely not. They had no case and one of the jurors admitted she did not appear to be intoxicated in the video. End of story.
It is absolutely impossible to legislate stupidy and this is what is going on in this country. If you can’t see that I don’t know what is left to say.
You probably think it is OK for Perry to mandate HPV inoculations to sixth grade girls and NY to ban the use of IPODS in crosswalks.
Do you think if the courts would uphold the laws already on the books regarding DWI’s it would help?
RE: Perry’s HPV mess - I think an educational campaign to enlighten the PARENTS would beat mandatory vaccination….
Whether she was “intoxicated” (either from the usual .08 standard or just a casual observer’s standard) is irrelevant.
In Texas, the legal limit for a minor is zero. Not a drop.
Like you said, she “absolutely” was drinking. That’s it. Case closed.
Matt
#36
I absolutely agree with you on that one! Case closed.
Hey- liberal mayor’s daughter? Make sure you don’t mirandize her so even a public defender can get her off… 2 Border cops doing their job? Hang ‘em high.