Sunday, January 25, 2009

Another Prosecutor Refuses to Provide a Breath Sample

Meet Hamilton County, Ohio prosecutor James Schaefer. Or as he's known during his service in the reserves, Lieutenant Colonel Schaefer. This guy knows something about prosecuting DUI cases. He's spent 14 years prosecuting cases, and his specialty is drug courts. That's kind of ironic isn't it? A guy who makes his living pointing the finger at people because of recreational substance abuse winds up on the wrong side of the law for making a bad decision after enjoying America's favorite recreational substance of abuse... alcohol.

But make no mistake, Schaefer has learned from his many years prosecuting cases. He refused to provide a breath sample when arrested for DUI. That might have had something to do with the sweet plea deal he got. Two counts of child endangering were dropped even though both of his children were riding with him. And a charge of driving the wrong way down a one way street was also dismissed. He didn't get any jail time, and he might even be able to keep his job. If he does get fired, I hope he takes up the cause of his fellow sinners and starts doing defense work for those who find themselves buzzed and busted. He might be happier just quitting and using his talents to help people who find themselves in the same situation instead of hurting them. He might feel a lot better about what he does every day. I know I love defense work, and I no longer feel like a fascist applying the government's overwhelming power against my fellow man.

What do these cases say about our society's war on drugs or the campaign against drunk driving? Why not just end DUI forever by installing ignition interlocks on all cars? I don't know whether this prosecutor was guilty or not, but I do know that he did what most prosecutors, cops, judges, and legislators do when arrested for DUI. They refuse to blow. Do they know something the rest of America doesn't? Good luck LTC Schaefer - your service to America should count for something and earn you a break. How about giving one to others?

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