Monday, October 22, 2012

DUI Lawyer Asks Nevada Supreme Court to Set Aside Attorney General’s Order on Prison Terms for DUI Offenders


Nevada Supreme Court
The DUI defense attorney  for one of eight drunken driving offenders who were taken off house arrest and sent back to prison to serve a mandatory minimum two-year term asked the Nevada Supreme Court on Thursday to compel the director of prisons to release his 21-year-old client  and put her back on the house arrest program.


Scott Freeman, the lawyer for Jessica Winkle who was convicted for a DUI offense which caused the death of a young motorcyclist in 2008, told the court that Nevada Attorney General Catherine Cortez Masto was wrong when she issued an opinion early this year saying people convicted of killing or injuring another while driving drunk must spend at least two years behind bars, which in effect resulted in a return to prison order for his client and seven others similarly situated. Said he, “We’re trying to make the law consistent and we believe what occurred with Jessica Winkle was an injustice. She was allowed to prove herself on house arrest, she complied, and then was put back in prison.”

Masto said Friday that she stands by her position that the present law requires people who drive drunk and kill or injure someone to spend a minimum of two years behind bars, not on house arrest. She said she has also filed a bill request for the state lawmakers to review that law and clarify whether the director of the Nevada Department of Corrections should have the discretion to release some DUI offenders on a special program that would allow them to serve their prison sentence at home.

The DUI attorney in his court request noted that Masto’s action was politically motivated since it is an election year for which she is running for re-election. The Attorney General denied the allegation.