Even before getting into the wine business I spent a lot of time in Napa (my wife’s from Marin) and consistently commented how I never, ever saw a CHP or Police cruiser along Highway 29, the main road that flows into Napa and its surrounding burgs.
The observation was a simple one, wouldn’t/couldn’t the men in their black & whites cruise up and down the road, pulling over people who had been drinking and fill up their quota of tickets in about an hour each day, then go home to be with their kids?
Naturally, the conspiracy theorist in me was sure this practice was not implemented was because it’d be bad for business. Start arresting the paying customers for driving under the influence and well, as traffic increased in court, it would decrease in tasting rooms.
Jury Selection
This was on my mind again when becoming part of the criminal justice system after being called for jury duty last week here in LA. I can tell you the process, having never served, is about what you’d expect, a motley collection of prospective jurors (your humble blogger included) gathering for the right of passage know as civic duty. All the usual suspects were there, the green carded citizen for whom English is probably not even their third language, the hot shot businessman who spends the entire time in the jury selection room wheeling and dealing in an otherwise silent room in full view of the sign which reads, “Please respect your fellow jurors and use your cellphones outside.”
You didn’t hear this from me but if you own Apple stock, SELL.
And of course, the person for whom jury duty is such an inconvenience that they’ll say just about anything to get out of service. Give them a reason to claim an exemption, and they’ll try and squeeze through any hole. Financial – my husband and I just lost our jobs. Caring for someone else from 8am-5pm – I’m home schooling my kids and my 80-year old mother. Prejudice about the case – what’s the charge again, I’m sure I’m for it.
Someone even claimed to know the defendant was guilty because, “he wouldn’t have been arrested if he wasn’t.” To which the judge replied, do you feel that way for all crimes – murder, assault, rape – if they’ve been accused, are they guilty? “You have a point, but I think this guy is guilty.”
Word to all – except that waste of human space – pray you are never sitting in the defendant’s chair – these are your peers, people…
At some point during the jury selection I realized the case was a DUI and although I wanted to serve, figured either the defense or state would not want someone in the alcohol biz to be helping decide the case.
Turns out they liked me, they really liked me!!!
The Trial
According to the facts, the defendant was stopped at 2:30 am on the 101 Freeway after CHP noticed him straddling the lanes. He did okay on his FST’s (field sobriety tests for you layman) but not good enough that he wasn’t arrested and brought in to take a breath test. The test, administered an hour later registered a .13 twice and the accused was booked on suspicion of DUI and driving with a BA level above .08.
The state called two witnesses, the CHP officer and a criminologist who explained FST’s, absorbtion rates, accuracy of ECIR machine tests, etc. All straightforward testimony, all believable. The state called one witness, a hired gun (paid $2500 for an hour’s work – having never met the defendant and only looking at the police report – who testified that based on the FST report, the defendant probably had a BAC level of .04-.06, making him then innocent of the first charge of DUI.
Two days of testimony later we go into the room.
The Deliberation
After being selected as the foreman (no doubt for my boyish good looks and raffish charm) we discussed the case for about an hour before I called a hands up vote that came up unanimously, GUILTY on both counts.
The Aftermath
I followed the judge’s instructions to not discuss the case, visit the scene of the crime or do any investigating on my own via the internet but after getting back from court on Thursday, I immediately went to Facebook and searched the guilty parties name. He came up first on the list – on a public page no less – and I kid you not, this can’t be made up – in every photo the person had on their page, there is a drink in their hand – even one with them passed out on the floor with a proud comment by them describing the scene.
First I laughed, not only at how dumb this person is (have fun trying to get a job with your DUI conviction and your obvious alcohol problem, but also because I then knew we did the right thing.
But that humor was quickly replaced by anger, that this person flaunts their stupidity in the rest of our faces, as if to say, the law doesn’t apply to me – and that the day I kill someone you love, maybe, but a small maybe, I’ll learn my lesson.
So now I’m rethinking the merits of letting people drive up in Napa (if in fact they are lenient about allowing people to drive after hitting the wineries). But even so, we as individuals have to take responsibility for our actions on the road when we’ve had even one drink.
And when we get our long hoped for tasting room, I’m going to make deals with limo companies, taxis and our guests, giving them discounts for *not* driving after tasting our wines.
It’ll be money well lost…