3rd county judge charged in DUI case goes to trial, after nixing plea deal
Two other judges in the same Florida county pleaded guilty or no contest and got no jail time after being charged with driving under the influence in a period of less than a year.
But Broward Circuit Judge Cynthia Imperato refused a plea deal and is now at trial, the Sun Sentinel (sub. req.) reports. An earlier Sun Sentinel article said it is a misdemeanor DUI case.
If convicted, she could be sentenced to as much as nine months in jail and a $2,000 fine. The plea deal Imperato rejected, which is no longer available, called for 12 months of probation and a six-month suspension of her driver’s license, in addition to fines, the newspaper reports.
Accused of driving erratically in Boca Raton on Nov. 5, 2013, the judge refused a breath test after she was pulled over. State records show the former prosecutor was previously arrested for DUI in Leon County in 1988, he Sun Sentinel says. She got a 180-day license suspension in that case and was required to attend DUI school.
Counsel for Imperato tried but failed to get the judge overseeing her Palm Beach County case to agree that information about her employment should be kept from the jury.
“Many citizens hold judges and attorneys to a higher standard, viewing them as officers of the court, expecting that they should not disobey the law,” defense attorney Marc Shiner wrote in a court filing arguing that she can’t get a fair trial if the jury knows she works as a judge. “This substantially prejudices the defendant as she has every right to be tried on the facts of this case [and] not be tried based upon her occupation.”
Related coverage:
ABAJournal.com: “1 of 3 county judges charged with DUI pleads guilty against counsel’s advice, gets probation”
See also:
ABAJournal.com: “Judge hits sheriff’s vehicle in courthouse lot, is county’s 2nd jurist charged with DUI in a month”
