In a written statement yesterday, the judge said he believes the DUI law does not specifically prohibit judges' waiving required fines and other costs for poor people, such as Smith. Also, Smith spent 60 hours in jail after his arrests, which should be counted, he wrote. McClanahan isn't alone. The punishments handed down in Kentucky courts sometimes fall short of what the law requires for DUI, according to a Herald-Leader review of state and court records. Courts don't have the time or space to bring more than a few DUI cases to trial, court officials say.
Plea bargains are essential to keep dockets flowing.
Even mandatory punishments should be negotiable, especially if the driver had the money to hire a good lawyer, they argue. But that argument isn't supported by statewide caseload data. The per-judge caseload in district courts is similar between counties that usually fight for and win DUI convictions and counties that rely heavily on plea bargains, according to the data. For example, Fayette County, which has one of the highest DUI conviction rates, has the second-heaviest district court caseload in Kentucky. Resentment flows both ways.