SANDERSVILLE, Ga. (WRDW/WAGT) – The Washington County Solicitor, Michael Howard, has resigned following a 12 On Your Side Investigates probe into dismissed DUI cases. The investigation revealed that numerous drivers, some with blood alcohol levels over twice the legal limit, had their cases dismissed. This sparked public outcry and led to increased scrutiny of Howard’s handling of DUI cases in Washington County.
This article dives into the details of the investigation, Howard’s response, and the broader implications for DUI enforcement in the region. Understanding the nuances of DUI law and the importance of proper legal representation is crucial for anyone facing such charges. If you’ve been accused of drunk driving, remember to contact a DUI attorney near me.
Investigation Details
The 12 On Your Side Investigates team uncovered at least 95 DUI cases in Washington County that appeared to have been improperly dismissed by Solicitor Michael Howard. These cases involved arrests made by various law enforcement agencies, including the Georgia State Patrol, the Sandersville Police Department, and the Washington County Sheriff’s Office. The investigation revealed that some drivers had blood alcohol levels more than double the legal limit.
Traffic citations showed alarming details of drivers caught driving under the influence, including some found passed out behind the wheel in the middle of the road. These revelations prompted serious questions about the handling of DUI cases and the potential risks to public safety.
Michael Howard: I welcome and I want and examined of my work and examination of everything I’ve done.
Despite initially welcoming an examination of his work, Howard ultimately resigned less than a week after the investigation was aired. This abrupt departure raised further suspicions about the validity of his handling of DUI cases.
Dismissal Justifications
The investigation revealed that many cases were dismissed due to “insufficient evidence” or because drivers agreed to attend classes or participate in a “pre-trial diversion program.” However, concerns were raised about the appropriateness of these dismissals, particularly in cases where drivers had significantly exceeded the legal alcohol limit.
Howard defended his decisions, stating that he had the discretion to prosecute or not prosecute a case. He also characterized the role of the judge in these dismissals as a “gray area of the law.” However, this justification was met with skepticism, given the evidence presented in the investigation.
Michael Howard: I’m elected by the citizens of Washington County, and I have the discretion to prosecute a case or not prosecute the case.
Pre-Trial Diversion Program Concerns
A significant point of contention was the use of pre-trial diversion programs for DUI cases. The investigation found that 55 of the 95 dismissed cases were sent to pre-trial diversion. These programs are typically reserved for offenders who meet specific guidelines. Georgia law stipulates that anyone with an offense that carries a mandatory minimum sentence of incarceration or imprisonment does not qualify for pre-trial diversion.
Since Georgia’s DUI law mandates a minimum 24-hour jail sentence, legal experts questioned the eligibility of DUI offenders for these diversion programs. Furthermore, it was discovered that some cases were dismissed just weeks after the arrest, a timeline significantly shorter than the typical six-month or longer duration of such programs.
Will: Georgia law seems to be pretty clear about it. And so do other prosecutors in other pretrial diversion programs that you guys don’t fall into the category of being able to enter into pretrial diversion programs. What do you have to say?
Michael Howard: Well, well, Will, I think that that that’s a gray legal area.
Comparisons with Other Counties
The 12 On Your Side Investigates team reached out to other counties to compare their handling of DUI cases. Solicitors general from Forsyth County, Clayton County, Gwinnett, Hall, and Coweta counties all confirmed that DUIs are not eligible for their pre-trial diversion programs. This discrepancy further fueled the controversy surrounding Howard’s practices.
The consistent stance of other counties highlighted the unusual approach taken in Washington County. This raised concerns about whether Howard was adhering to the standard legal practices and ethical guidelines expected of a solicitor.
Responses and Ongoing Investigations
Following Howard’s resignation, several agencies have launched investigations into the matter. The district attorney requested that the Georgia Bureau of Investigation (GBI) open an inquiry. Additionally, the Prosecuting Attorneys Qualifications Commission is conducting its own investigation.
These investigations aim to determine whether any laws or ethical standards were violated in the handling of the DUI cases. The outcome of these investigations could have significant implications for Howard and the Washington County legal system.
Michael Howard: I am 100% confident that I have done nothing that any other prosecutor has not done in this in the state of Georgia.
Impact and Legal Options for DUI Cases
The investigation and subsequent resignation of Michael Howard highlight the complexities of DUI law and the importance of ensuring fair and just legal proceedings. For individuals facing DUI charges, understanding their legal options and securing competent representation is critical.
Navigating the legal system can be daunting, especially when facing serious charges like DUI. Consulting with a qualified attorney can provide invaluable guidance and support throughout the process. Remember, if you’ve been accused of drunk driving, remember to contact a DUI attorney near me.
Conclusion
The resignation of Washington County Solicitor Michael Howard marks a significant development in the wake of a 12 On Your Side Investigates probe into dismissed DUI cases. The investigation exposed questionable practices and raised concerns about the handling of DUI offenses in the county. With multiple investigations underway, the full extent of the matter remains to be seen.
This situation underscores the importance of transparency and accountability in the legal system. It also highlights the critical role of investigative journalism in uncovering potential wrongdoing and ensuring public safety. As the investigations continue, the focus remains on upholding justice and protecting the rights of all citizens.
The key takeaway is that if you or someone you know is facing DUI charges, seeking experienced legal counsel is paramount. A skilled DUI attorney can navigate the complexities of the legal system and advocate for the best possible outcome. This article serves as a reminder of the importance of upholding justice and ensuring accountability in legal proceedings.
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