2 weeks Ago By H. Dennis Beaver
“Mr. Beaver, your recent story about the employer who recommended a personal injury law firm to his employees because he liked their television ads hit a nerve with me. I am involved in something similar that I would like to discuss with you, and I hope you can help.
Please call, thanks, Ted.” I’m often asked, “Where do you get such interesting stories?” This is how. ‘With us since graduating high school’ “So, what’s going on, Ted?” “I own an office/home remodeling company.
Jason has been here since he graduated high school. He is 25, married (with) two kids, and a couple of weeks ago, driving home in the rain, his truck hydroplaned and slid into a ditch. He wasn’t injured, and the truck wasn’t damaged.
He had been drinking. “The state troopers suspected a DUI, and Jason blew a .12 which is slightly above the legal limit.
He was arrested and spent the night in jail. I learned from his wife they were having some issues, and Jason was drinking way too much.” Please, no public defender — Jason needs jail therapy Ted did not want Jason to have a public defender.
“Even if he qualified financially, I have been watching YouTube videos — especially (by) Texas Judge David Fleischer — where these lawyers do their absolute best to keep repeat offenders out of jail instead spending time in custody, thereby enabling and encouraging behavior that harms society. I did not want the message ‘drunk driving is no big deal’ sent to Jason.” 30 years ago As no jail time for a first DUI in their state would be fairly common, there had to be more to Ted’s fear.
Why was he so concerned? In answering my question, I discovered an employer who gets it. Ted cares about the people who work with and not for him. “I was 25, in Jason’s shoes 30 years ago and caused an auto accident where, fortunately, no one was hurt.
My grandfather hired a lawyer who he told to ask the judge to give me several weekends in jail when, at that time, there would normally be no jail time. But no one told me any of this. Even though I was the client, my lawyer didn’t tell me about this conspiracy that put me in jail, and I know his silence was technically not right.
“It was a lesson I never forgot and would not have learned had it not been for those weekends in the slammer. At my grandfather’s funeral, I was handed a letter he wrote to me years earlier explaining what he had done. He saved my life and, perhaps, others as well.
I am so grateful to him and that attorney.” That’s what Ted wanted for Jason. Hired a criminal defense attorney based on glowing TV testimonials Seeing a television commercial for a DUI attorney and reading the many positive Yelp reviews, Ted hired “Greg,” telling him, “I am not paying you for a defense, so no, ‘I can get you out of this,’ nonsense.
I want you to have Jason admit his guilt and do some time in jail, or I fear he will keep on drinking and driving. He has a wife (and) two kids and is putting them all at risk!” “But Greg told me that without Jason’s full understanding and agreement, ethically he could not just have him plead guilty, but would tell him what I felt was best.” However, as Ted discovered, that did not happen.
Instead, Jason was informed there was a real defense; the case dragged on for months, and he was finally allowed to plead to “unsafe driving for the conditions.” The same day as his plea in court, Jason celebrated the dismissal of his DUI at a bar with friends until 2 a.m.
Driving home, he hit a phone pole, winding up with a leg fracture. His blood alcohol level was .24, three times the legal limit.
There are substantial medical deductibles to pay. How did this go south? After obtaining a signed authorization from Jason and Ted, I phoned Greg who immediately admitted his office screwed up. “I assigned Jason’s case to an associate who never saw my memo, which said, ‘Tell client what employer feels is in his best interest — based on his own experience — a straight-up guilty plea and several weekends in custody.
’ “Dennis, I feel terrible about the accident, because I am quite sure without that dismissal, he never would have gone to the bar with his friends. So, I want to pay for Jason’s medical deductibles as a way of trying to make things right. Please convey that to your readers.
“And there is one more thing. Family conspiracies to send a loved one to jail for their DUI save lives. Jail therapy is often the only thing that works,” Greg concluded.
Later that same day I phoned Ted, saying, “Greg would like to speak with you, and I am certain you will be pleased with what he has to say.” Jason accepted Greg’s offer. Dennis Beaver practices law in Bakersfield and welcomes comments and questions from readers, which may be faxed to 661-323-7993, or emailed to Lagombeaver1@gmail.
com. Also, visit dennisbeaver.com.
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