A true story:

Three years ago Mark went out with friends to a bar a few miles from his home. Mark was two years removed from playing football for perennial powerhouse Georgia, he was catching up with some teammates and back in Atlanta for a new job. Mark, by the way, is 6'5", 285 lbs. of solid muscle.

Plea Bargain Isn't a Bargain

He had a few beers and one shot. He felt great. He drove home. He was sure he was driving fine. He was pulled over by a Georgia State Trooper a few hundred yards from the bar. The trooper gave no explanation for stopping him, he merely asked if Mark had been drinking. Mark - always respectful of authority, he was raised that way- answered honestly, finishing with, "But I'm fine."

He volunteered to take a breathalyzer. He blew .11. He was arrested and charged with DUI - all while trying to explain he felt great and offering to take a field sobriety test to prove it. He was released on his own recognizance.

Going it Alone and a Plea Offer

He went to his arraignment on his own and pleaded 'not guilty.' On his way out of the courtroom - presumably to go hire an attorney - the prosecutor pulled him aside. He knew him from his Georgia playing days. He knew he was 'a good guy with a good job' and no record. He offered a deal - plead to a lower DUI charge, do probation for three years, fifty hours of community service, and not only would he not lose his license for any amount of time, but it also wouldn’t be restricted in any way. The thing was the offer was only good for as long as he was in the courthouse.

He grabbed 'the deal.' It was fast, didn't upset his life one bit, and he was sure he'd have no problem on probation (he didn't, his PO was a huge Georgia fan).

Going on a European Trip . . . or not

A few months ago his new wife's extended family started planning a cruise from Athens to Crete, up the Adriatic to Croatia, and finally ending in Venice. Three weeks, all inclusive, set to go June 1st. A travel agent took care of everything.

Ten days before they were supposed to leave, as he and his wife were packing, he received a call from the travel agent saying that the Greek embassy needed to talk to him . . . now.

He called, the conversation was short – because of his DUI conviction, he would not be allowed into Greece. If he tried to go, he would be held at Athens airport and put on a flight back to the U.S. the following day.

His family left without him on Wednesday. It’s a mystery how the Greek government found out about the conviction and why they acted as they did – it seems unusual. Conjecture is that either the travel agent inadvertently made it an issue by trying to ‘cover all the bases’ or they tried to rent a car in his name in Athens and that set off alarms.

Whatever it was, he’s in Georgia while his family sails the Ionian and Adriatic seas.

Always Have an Attorney

I don’t know if it would have helped with the Greek trip, but I do know he should have had a lawyer before he walked into that courtroom for arraignment. He never should have been alone mulling over the prosecutor’s ‘generous offer.’

I do know that a criminal defense lawyer would have noted the [many] problems with the arrest, starting with why he was stopped in the first place – there was never a mention of erratic driving or a traffic infraction – moving on to the breathalyzer test itself.