DUI case generates talk of immediate jail reporting

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So says the popular board game and potentially more circuit court judges in Wisconsin when it comes to repeat drunken driving offenders.

In the wake of a highly publicized case in Waukesha County, and a pledge by the presiding judge in the case that all DUI offenders who appear in his court will report immediately to jail, other judges, attorneys and corrections officials are evaluating the impact a potential change in reporting would have on the system.

District 1 Chief Judge Kitty K. Brennan said it would be ideal to have all DUI offenders report to jail immediately after sentencing, but the superintendent for the Milwaukee County House of Corrections (HOC) has the final say.

“It’s been true in Milwaukee for a long time that when judges sentence someone to the House of Corrections, the superintendent gives them a date to report,” said Brennan. “Do we the judges like it? No. Can we control it? No.”

But Assistant Superintendent Jeffrey Mayer said the HOC always adheres to a judge’s order for immediate reporting. However, in the majority of cases, offenders report to the intake office and are given a date to report.

“Unless a judge orders an immediate booking, offenders report to the intake office and we set up a future date, normally within a week or two,” said Mayer.

No Impact on Jail

Mayer said he favors the idea of having more offenders reporting immediately. He views it as a break-even prospect, given that if more people report immediately that will reduce the number of people coming into the system two or three weeks down the road. “Instead of having to report today, an offender may have come in last week, so those people being sentenced immediately are being dealt with now and not in the future,” said Mayer, who added that on a typical day, between 10 and 15 offenders report to the community corrections center.

The same would be true in Waukesha County, according to Steve Marks, inspector for the Waukesha County Sheriff’s Department, although reporting dates are set by the judge.
“It’s strictly up to the judge whether or not offenders get any time to get their affairs in order,” said Marks.

At most, a judge can grant a DUI offender up to 60 days to report, according to state statute.

On April 23, Judge Lee S. Dreyfus Jr., gave Mark M. Benson two weeks to report to jail for his third DUI conviction on April 3. Dreyfus sentenced Benson to 75 days in jail and suspended his license for 30 months.

But two days after the sentencing, Benson, allegedly under the influence of several drugs, killed a pregnant Jennifer Bukosky and her 10-year-old daughter, when he crashed his SUV into her car.

As a result, Dreyfus has stated publicly that he plans to order immediate reporting following DUI sentencing.

Dreyfus could not be reached for comment, but Marks said he understands the reasoning behind the judge’s intention to single out repeat DUI offenders for immediate reporting.

“The reality is, it’s no different than having people report for other cases, but in considering drunken driving cases there may be an added concern that the person will injure someone else while they are out,” said Marks.

Client Notice

Dreyfus notified some defense attorneys of his future stance on reporting, and two lawyers who regularly handle drunken driving cases say an increase in immediate reporting will not alter the way they try cases.

However, attorney Barry S. Cohen of Melowski, Obear & Cohen, S.C., in Elkhart Lake, said he will make sure he prepares clients for the possibility that they could go directly from the courtroom to a jail cell.

“Knowing what a judge’s past practice has been and whether or not that has changed will be something a defense attorney needs to find out,” said Cohen.

Attorney Tracy Ann Wood of Van Wagner & Wood, S.C., in Madison said she is familiar enough with the judges she appears before not to alter her approach with clients.

“Any lawyer who knows what they are doing is going to know the judge and know the county they practice in,” said Wood. “I do trust judges and I’ve never had one surprise me in that way. I would be shocked if ever happened.”

Both Wood and Cohen hoped that judges in the state will not overreact to the Benson case and analyze each situation on a case-by-case basis. Dreyfus is not unique in his response to drunken drivers; Wood and Cohen said they knew of other judges who required immediate reporting.

Cohen said he did not want to diminish the severity of the situation in Waukesha, but he expects most judges will continue their current policies.

“The thing to remember is people who are sent in for DUI will return to society after they have served their jail sentence,” said Cohen. “There is a difference between holding someone accountable and having them serve their sentence, and creating undue hardships.”

Portions of this story came from the Associated Press.