General Question

disgustedwithlawenforcement's avatar

Is it legal for a judge to give credit if a person attends the judge's church and participates in the judge's class?

Asked by disgustedwithlawenforcement (21points) October 5th, 2011

Several months ago during a state trooper road block, a young man that I know was told that he was too drunk to drive and had an open container in his vehicle. He was given a ticket, taken to jail, and subsequently has gone to court. No record can be found of a rating on a breathilizer (?) test supposedly given during the stop. During the time before court, the state trooper contacts him at his place of employment and tells him that if he attends the state trooper’s church, the state trooper will fix the ticket. The young man refuses because he feels that his infringes upon his rights. BY THE WAY, the young man does not drink, cannot drink due to medication he takes, and the open container was an ice chest in the back of a pickup truck that had no openings to the back from the cab. In few words, he would have had to get out of the truck and open the ice chest to even get anything out. He has now been ordered to go to DRUG court (he has not taken any illegal drugs but is on medication and took his medication in for the judge to see) and is being penalized because his drug screens show up as having drugs in his system. The judge not only will not take into consideration that he is on prescribed medication but he also told him that if he attends the judge’s church he will be given a lighter sentence. Is this constitutional or is it just trumped up charges to make money for the courts?

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4 Answers

Lightlyseared's avatar

I would lawyer up and ask them but I would have thought it would violate your first amendmant rights for them to even suggest it.

SpatzieLover's avatar

You don’t live in Alabama, do you?

This is a case for a lawyer. If it were me, I’d contact the ACLU for a good recommendation.

Response moderated (Spam)
disgustedwithlawenforcement's avatar

Yes, we live in Alabama. In the central part of it where it is well known that if you were not born in this town and are not considered one of the “elite” then you are up “stinky” creek. He had a lawyer and the lawyer feels that he (the young man) got a good deal when the judge made him go to drug court (why, this had nothing to do with drugs) and jump through hoops to keep his license. This young man is going to school (college) and working a full time job and these requirements are causing problems in both areas. If he had done something wrong, then it may be different; but, he does not drink so could not have been drunk. Also, what happened to the test the officer did on the highway and the one when they took him to jail? No one, not even, the judge can answer that. But, he is not a native of this town so that speaks a lot.

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