[Dueller]

Appeared in a court I had not practiced before down south of here. My client was a 22 yo college senior CJ/Forensics major, good kid, never in any trouble, not a party animal, got pulled over for careless driving by first officer. Politely refuses to take field sobriety, they arrest him on suspicion of DUI and take him in for Intoxilizer. He refuses that. Second officer at the station writes him for DUI/DUI refusal. First officer cites him for the probable cause careless driving charge.

Arrive in court and introduce myself and talk to the female prosecutor. She looks at file and says talk to the arresting officer...I'll go along with whatever he says. I talk to DUI officer...he asks me about the kid, what he's studying, what the circumstances were, has he learned a lesson yadadadada. Asks me if I think the kid has a drinking problem, etc. I explain I've known him thru mutual friends for about a year, don't see anything that would be a problem. Then we discuss a few technical procedural issues, defense I'm going to present, appealable issues, yadadadada. LEO looks at me and says "I knew it was a close case when I wrote it up. If you say he's a good kid, I'll agree to remand it for 3 years...no more trouble and we'll dismiss." UNHEARD OF!!!!!

Wait for a number of other cases to be heard...Judge calls me up during a lull and asks what I'm there for. Tell her the case. She pulls it and says prosecutor said just dismiss. Judge stamps the file "Not Guilty." Client never even has to go up to the bench. Ask judge if I may be excused from her court.

Shake hands with the officer and prosecutor. Get my client and get the hell out of there. Client was elated.