What NOT to do if called for jury duty...

[seniorjudge]

What is the name of your state (only U.S. law)? Dazed and confused

(Personal info deleted to protect the guilty. -Ed.)

**** was supposed to report for jury duty in a drunken driving case. Instead, according to a sheriff’s deputy, the 50-year-old man from **** skipped jury duty so he himself could drink.

**** received a summons to appear as a prospective juror. When he didn't show up on Monday, a bailiff called his house. **** told the bailiff he was too busy to come to court.

Judge **** instructed officers to bring **** to the courthouse. Deputies say they detected a strong odor of alcohol on him. They kept **** in custody during the driving-while-intoxicated trial.

**** told the judge that he had been drinking rum in the morning. [The judge] found **** in contempt of court and fined him $250.

[Indiana Filer]

I had a mom come with her daughter to the daughter's probation appointment today. Mom smelled of alcohol, so I called the local PD to come do FST and a PBT. Mom only had a 0.027 and passed the FST, so I requested the officer's not arrest her for PI.

Last week, a woman came to our department with her boyfriend to attend an adult drug & alcohol class. She was not on probation, he was. They both blew positive on the PBT, his was low enough that he was not arrested for PI, but she was. He'll be back in Court as a probation violation, however.

How stupid would a person have to be to show up at probation after drinking, using drugs, etc? Apparently, some people are even more stupid than that:

One kid, while waiting in the lobby for his appointment, took a couple pills. Several of the other probationers waiting noticed, and notified our receptionist. He left in handcuffs and went to juvenile detention after admitting to taking xanax and lortab while waiting for his probation appt. Plus he had more pills in his pocket.

[cyjeff]

On the plus side, I finally understand what "jury of your peers" means.

[hanknows]

Originally Posted by Indiana Filer

I had a mom come with her daughter to the daughter's probation appointment today. Mom smelled of alcohol, so I called the local PD to come do FST and a PBT. Mom only had a 0.027 and passed the FST, so I requested the officer's not arrest her for PI.

I'm curious about this. Presuming no motor vehicle is involved (say mom walks daughter to probation appointment and accompanies for moral support), what would/could you have done if mom blew a 0.08 or higher? What constitutes PI? Does the statute indicate a BAC limit for PI? Could mom have chosen to refuse these tests and if so what penalties would she have faced on a PI suspicion? I'm sure your office/station would be considered public but is there a clear definition of PI indicators other than smelling of alcohol?

[>Charlotte<]

Originally Posted by cyjeff

On the plus side, I finally understand what "jury of your peers" means.

A few years ago a local man insisted on a mistrial because he wasn't tried by a jury of his "peers". He insisted he had a right to a jury consisting of low income people of his specific race who had criminal records.

[BigMistakeFl]

This is why voir dire is so important.

[Indiana Filer]

Originally Posted by hanknows

I'm curious about this. Presuming no motor vehicle is involved (say mom walks daughter to probation appointment and accompanies for moral support), what would/could you have done if mom blew a 0.08 or higher? What constitutes PI? Does the statute indicate a BAC limit for PI? Could mom have chosen to refuse these tests and if so what penalties would she have faced on a PI suspicion? I'm sure your office/station would be considered public but is there a clear definition of PI indicators other than smelling of alcohol?

I requested, and she complied with the PBT. She was in a public place (our office), and could have been arrested if the officer thought she was impaired. I just didn't want her to drive her daughter home if she was impaired.

The smell of alcohol gave probable cause for her to be tested to see if she was intoxicated in public.