Evening star., 1925-03-19
Jury TRIAL DENIED
DRUNKEN DRIVERS
Judge SchuIdt Rules Part of
New Traffic Law Is
Now in Effect.

Defendants in driving -while-intoXi-
Gated cases which occurred after the
signing of the new traffic bill will
not be given the right to demand trial
by a jury until the remainder of the
bill providing for seyerer penalties
also becomes a law
This ruling was handed down today
by Judge Gus A. Schuldt, in Police
Court, who, after careful considera-
ton of the act of Congress, declared
that the part limiting the right of
jury trial is now in effect, and the
part increasing the fines and SEN
tences for drunken motorists is not in
effect until so days following the af-
fixing of the Presidents signature to
the bill known as the traffic act.
His ruling caused considerable con-
sternation in Police Court. when an
nounced this morning. Anxious law
yers and more anxious clients quickly
but carefully scanned the section
upon which Judge Schuldt based his
ruling.
Basis for Ruling.
1t was as follows:
Section 4. The second paragraph Of
section ~ of the District of Colum bia
Code hereby is amended TO read as
follows: In all cases where the ac-
cused would not by force of the Con-
stitution of the United States be en-
titled to trial by jury. the trial shall
be by the court without a jury. unless
in such of last named cases wherein
the fine or penalty may be more than
$500. or imprisonment as punishment
for the offense may be more than go
days, the accused shall demand a trial
n W rr;a 81
be by jury. In all cases where the
said court shall impose a fine it may
in default of the payment of fine i'm
posed. commit the defendant for such
term as the court thinks right and
proper, not to exceed one year"
AS under the present regulation
driving while intoxicated cases may
be given fine not to exceed $500 or
80 days, maximum sentence, or both
no jury trial can be demanded How
ever, when the new regulation re-
garding the driving while intoxicated
cases, providing a fine of $500 and 6
months maximum jail sentence, goes
into effect, on or about May l. jury
trials can be again demanded in such
cases.
Ruling to Speed Cases.
The above ruling will greatly
expedite the business of hte court, and
by the time the new regulation is in
effect many of the pending cases of
such nature will be out of the way
Jury trials demanded in cases previ-
GUS to the passing of the bill will be
held, but none after the traffic meas
ure was passed.
Many lawyers and clients. it was
said today, do not believe 1t proper
that one section of the bill can be
made effective and another part not
taken so until May /. II the old
regulation is still in effect the regu-
lation changing the right of jury
trials should be also, they believe
Or, on the other hand, If the right
for jury trial is changed under the
new law at the present date, the
other regulation providing for sever
er sentences should be under opera
tion also.
Lawyer Ware and his client, Mar
shall G. Moore, colored. were the first
to come under the new ruling. Moore
was charged with driving while in
toxicated, falling to obey a traffic
policeman's signal, no permit and col
liding. Wac entered a plea of not
guilty in the first three charges and
demanded a jury trial.
Judge Schuldt acquainted Ware
with the ruling and the case went
before the court. Found guilty on
all charges, the defendant was fined
s5 for disobeying the policeman's
signal, $40 for colliding, $40 for no
permit and was sentenced to Jail for
so days on the charge OF driving
while intoxicated.