The Schafer Law Office

Felony DUI Charges Reduced

Local insurance agency owner Robert Clarkson was driving while under the influence of alcohol in June of this year.  While driving under the influence he hit a motorcyclist causing several injuries.  Clarkson was facing felony assault charges as well as DUI charges.  During the prosecution process the prosecutors offered to amend the felony charge to a misdemeanor charge of careless driving.

The victim in this particular case had no objection to the plea agreement. A felony conviction would have impacted Clarkson’s insurance policy which was a multimillion dollar policy.  Despite this, the Jefferson County Attorney made a motion to set aside the plea agreement and to allow the case to proceed to trial. The Jefferson District Court Judge denied the motion and let the plea deal stand.

Plea deals have received a bad rap over the years. Many of us have the picture in our minds of a smoke filled room where money exchanges hands and deals are cut. This is not how it works in Jefferson District Court based upon my experience. The prosecutors and defense attorneys do their best to represent their clients to the best of their abilities. I have no doubt that this happened in the case we are discussing.

Unfortunately, this was a tragic accident. No one should drink and drive and the action should never be condoned. This had to be weighed with the attorneys’ understanding that there would be no insurance proceeds available if a DUI conviction occurred. With no insurance it is much more difficult to quickly collect a judgement. The prosecutor, defense attorney and judge made a difficult call after weighing all the information available to them at the time. Everyone had input and I believe they made the best decision for this accident victim under these circumstances. 

For more information on Louisville, Kentucky personal injury attorney Mike Schafer go to www.mikeschaferlaw.com