Just came back from lunch at Chili�s with the rest of our prosecutors. Where I see the man I convicted two weeks ago of DWI, siting at the bar drinking. His case here is pending sentencing in two weeks, probation is working on PSI. I know his DWI (are you shocked?) trial in Bexar County starts later this month.
Spoke to bartender and waiter. He was in there 20 min, and had 2 vodka drinks. He was alone and almost assuredly drove off has the restaurant is on the highway, along way from any residence. He is also a regular at the bar and rarely eats there.
I called probation they are adding it to PSI. I also plan on calling Bexar County. I can call the bartender and waiter in the punishment phase.
Should I call my fellow prosecutors? Would his Occupational license restrict him from drinking and driving? I checked the bond there are no bond conditions.
Most importantly am I blowing this out of proportion?
Call your counterpart in Bexar, they should at least know about the bartender as a potential rebuttal and/or punishment witness.
You didn't mention if he has dwi priors, but if yours and the Bexar County are both firsts, it would be interesting to see if he is back in the same place drinking after his next trial, assuming he gets convicted. Maybe he picks up a felony, if you can get an officer interested in passing by the restaurant now and then to look out for his car.
You might also see if the bartender / waitress recall if he paid with cash or a credit card. If a credit card, you might issue a subpoena duces tecum for the sentencing hearing for your witness to bring the credit card records with them, along with any document that shows what the charge was for (liquid as opposed to solid lunch).
Had similiar situation. My court partner and I were at well-known chicken wing establishment after work when one of defendants, who we just put on probation three weeks prior, had a Corona in her hand and nearly bumped into us. She knew exactly who we were and said "HI" to us.
We reported her to probation and became potential witnesses on her motion to revoke.
could you order the wings as possible demonstrative evidence for the hearing?
An in-court demonstration of the establishment, the position of the actors and relevant chicken wings would be a good idea. However, I would not suggest straddling the chicken wings.
It just seems you can't go to lunch these days without seeing some probationer, et al, violating something. We had a guy who was put on probation for felony DWI (he should have been sent to the pen, but lucked out and got a stay by a nice, now retired, judge) and had a condition that he was,"not to operate a motor vehicle of any kind (he had one of those tractor DWI's in his past) for the entire term of his probation,". Of course you know what we saw him doing, twice. One time we were at the same restaurant as half of the probation department (can you say Small Town?)when he drove up in his nice late model pickup. Anyway, they NTSC'd him and until we spot him again, or see him at the convenience store buying another tallboy, he is just on double-secret probation. We prepared a memo to our probation office and were prepared to testify - if needed at any revocation hearing. Oh and just this week he was sitting on the bench down on the first floor of the courthouse waiting outside where they have the driver's license renewal, etc. I remarked to a co-worker, "If you are not supposed to be driving at all, why are you worried about getting your license renewed ?"
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