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City of Casper v. Cheatham7/21/1987
you have to afford a drunk driver a jury trial before you can jail him, but you also must give him a jury trial before you can even fine him. Most courts cannot afford jury trials for DWUI cases. The drunk knows this and will demand a jury trial. In these happy circumstances, the drunk is in a very good bargaining position. He can negotiate an insignificant fine if he is too rich to qualify for the services of the public defender. On the other hand, if he can qualify for the public defender and get a "free ride," he most likely will want to fight his case to the United States Supreme Court. Earl Warren must have long since repented for having started a trend in American law that made it extremely difficult and expensive to prosecute the wrongdoer.
I would reverse the district court and reinstate the judgment and sentence of the City of Casper Municipal Court.
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