Dream of:28 October 1990 "DWI Trial"
I was in judge Schwille's courtroom, which looked more like an office than a courtroom. Some people were standing and talking in an adjoining room in the back. I recognized two as attorneys whom I used to know when I had practiced in Schwille's court.
I was defending someone for driving while intoxicated on alcohol (he resembled one of my clients, Fox). He and I were both standing in a line of people going up to the judge and pleading guilty. When we reached the judge, I saw he wasn't Schwille, but an older man (about 80 years old). I told him I wanted to have a trial. The judge said okay, that my client would be put in a hold until we would have the trial a little later.
I stepped back and the judge finished with some other people. By the time the judge was ready to begin the trial, I saw that the judge was now a woman (about 60 years old). The prosecutor was also a woman (she reminded me of a woman who works for the IRS in chapter 13 bankruptcy cases). For some reason, I thought the judge would have to name one of the attorneys in the back room to be an attorney ad litem.
My client was brought back out. He sat down and the trial began. When the prosecutor said she would like to admit the offense report into evidence, I objected. I said the offense report was hearsay, and I wanted an opportunity to cross-examine the person who had made the report. The prosecutor said she would like to have the case continued. I objected and said, "No, it's already started."
The prosecutor gave me a disgusted look, as if I had tricked her into starting the case. When the judge agreed with me and said we would have to go on with the case, I thought I was going to get an acquittal. But then the judge suggested that he would sentence my client not for driving while intoxicated, but for failing to take the test to see if he had been intoxicated. I was about to accept that and I asked, "Well, wouldn't that mean that he would get a 90 day suspended sentence?"
The judge answered, "Yes."
The judge appeared insulted by my question, and suggested that the case should just be passed to another date. I quickly asked the defendant if his license had already been suspended for 90 days. When he said it had, I said to the judge, "No, no, we'll take it, we'll take the 90 days."
I walked away, hoping the judge would accept the 90 days and that would be the end of the matter.
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