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Bad Idea: Toasting DWI Sentence In Front Of Judge
KCAL 2 ^ | Dec 28, 2005 2:39 pm US/Pacific

Posted on 12/29/2005 11:55:06 PM PST by SECRET ASIAN MAN

(AP) JACKSON, Mo. A judge who caught a man consuming alcohol an hour after sentencing him for drunken driving ordered the man into rehabilitation on Tuesday.

Jacob Vandeven, 27, of Whitewater, entered a guilty plea before Judge William Syler on Dec. 5 to a reduced charge of misdemeanor driving while intoxicated for causing an accident with injuries.

Vandeven had been charged with a felony after the Nov. 20, 2004, accident, but with his plea was given a six-month suspended sentence and two years probation, according to court records.

The judge went to lunch at a restaurant and bar close to the courthouse less than an hour later. Syler spotted Vandeven drinking, a violation of his probation. A standard provision of probation in drunken driving cases is that the defendant refrain from drinking alcohol, avoid bars and not be around people who are drinking.

On Tuesday, the bar tab receipt was offered as evidence.

The receipt showed Vandeven and his party ordered two beers, two Long Island iced teas and a margarita, assistant Cape Girardeau prosecutor Jack Koester said. Koester said the exact number of people with Vandeven was unclear, but it appeared he was in the restaurant with one or two other people.

Vandeven has been in the Cape Girardeau County Jail since he was arrested Dec. 6. Syler ordered Vandeven to remain in custody until a space opens at a nearby treatment center.

The judge said Vandeven must complete a 30-day inpatient alcohol program. Vandeven must then return to the county jail and appear back in court on Jan. 30. Depending on how well the man does at the treatment center, the judge could restore his probation or impose the jail sentence of up to six months.

Vandeven's attorney, Malcolm Montgomery, told Syler that Vandeven had a drinking problem and was willing to go into treatment.

"I have never had a client so audaciously violate a judge's order that quickly after being placed on probation," Montgomery said.


TOPICS: Crime/Corruption; Culture/Society; Extended News; US: Missouri
KEYWORDS: dwi; jackson; montana; watercooler

1 posted on 12/29/2005 11:55:11 PM PST by SECRET ASIAN MAN
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To: SECRET ASIAN MAN





"I have never had a client so audaciously violate a judges order that quickly after being placed on probation"..........

.....that he is aware of.



2 posted on 12/29/2005 11:59:13 PM PST by This Just In ("Those are my principles, if you don't like them, I've got others" - Groucho Marx)
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To: This Just In

"I have never had a client so audaciously violate a judges order that quickly after being placed on probation".......... "

--Ted Kenedy? Bill Clinton? I almost thought it was an article about Teddy.


3 posted on 12/30/2005 3:07:33 AM PST by 1FASTGLOCK45 (FreeRepublic: More fun than watching Dem'Rats drown like Turkeys in the rain! ! !)
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To: 1FASTGLOCK45
Kinda makes me wonder what the judge was drinking.

L

4 posted on 12/30/2005 3:18:00 AM PST by Lurker (You don't let a pack of wolves into the house just because they're related to the family dog.)
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To: SECRET ASIAN MAN
A standard provision of probation in drunken driving cases is that the defendant refrain from drinking alcohol, avoid bars and not be around people who are drinking.

Something about the above just doesn't sit right with me...

5 posted on 12/30/2005 3:24:08 AM PST by dakine
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To: dakine
Something about the above just doesn't sit right with me.

The original charge was felony drunk driving. He likely agreed to no drinking as part of the plea to get charges reduced.

6 posted on 12/30/2005 3:50:00 AM PST by EVO X
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To: Black Birch

Thank the Lord that this threat to the populace was caught and punished. I mean, it's not like he pilfered and destroyed code word documents relating to the worst terrorist attack in the history of Country or anything.
Geesh.


7 posted on 12/30/2005 4:45:21 AM PST by mikeybaby (long time lurker)
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To: mikeybaby

Watching fans leave the Eagles games I find it funny that mr. POliceman is playing traffic cop waving car after car of drunken fans onto the city streets as he clears the parking lot.

If drinking and driving are illegal then make ignition interlock mandatory for each new car sold and retro fit cars presently on the road or stop the selective enforcement.


8 posted on 12/30/2005 5:04:33 AM PST by halfright (3 Days post Hanoi (Jihadi) Jane... 2200hrs meeting to urinate on her grave...Semper Fi !)
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To: halfright
If drinking and driving are illegal then make ignition interlock mandatory for each new car sold and retro fit cars presently on the road or stop the selective enforcement.

Not until you come up with one that will work at -30F or people will die here from not being able to get the darned car started.

9 posted on 12/30/2005 6:07:26 AM PST by Smokin' Joe (How often God must weep at humans' folly.)
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To: mikeybaby
Thank the Lord that this threat to the populace was caught and punished.

Ditto. Although, I think it is likely the judge will see this person again.

10 posted on 12/30/2005 6:16:55 AM PST by EVO X
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To: halfright
If drinking and driving are illegal then make ignition interlock mandatory for each new car sold and retro fit cars presently on the road or stop the selective enforcement.

I am trying to follow your logic here. The police do not catch every drunk driver, so the government should either treat us all as drunks or stop trying to enforce the DWI laws at all?

11 posted on 12/30/2005 6:57:26 AM PST by Logophile
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