From time to time we receive letters about various events, happenings, miscarriages of justice, and various things that public officials don't want anyone talking about. We check the content and when we can verify the stories we like to publish them in their entirety.
The following is one such letter. As you know, we've got a problem with DWI here in New Mexico. Part of the problem is the most frequent offenders tend to somehow avoid incarceration. Sometimes it's not only the habitual offenders that somehow get off easy but those who have friends in powerful places.
On the DWI Front
New Mexico State Statute 66-8-102.1 NMSA 1978 reads “no other disposition by plea of guilty to any other charge in satisfaction of the charge shall be authorized if the results of a test performed pursuant to the Implied Consent Act disclose that the blood or breath of the person charges contains an alcohol concentration of: A. eight one hundredths or more”
It is the policy of the 2nd Judicial District Attorney’s Office headed by District Attorney Kari Brandenburg that no charge of DWI will be allowed to plead guilty to a lesser charge including any driving offenses that the offender may have committed. NO MATTER WHAT THE BREATH SCORE!!!
What all of this means is that if you are stopped for a traffic offense, like speeding, and then charged with DWI you cannot go to court and plead guilty to the speeding and have the DWI charge dismissed.
So why is it that Kari Brandenburg’s doctor was allowed to plead guilty to Careless Driving and have his DWI dismissed when he had a breath score of .08?
On August 7, 2007 Dr. Michael Flax was driving northbound on the frontage road to I-25. Dr. Flax struck a car that was stopped for a red light at Martin Luther King Ave. Dr. Flax struck the car so hard that it forced the car to hit the car in front of it resulting in one of the drivers being transported. An Albuquerque Police Department DWI officer saw the crash and stopped. When the officer talked to Dr. Flax she was concerned that he might be drunk. Dr. Flax was given Standardized Field Sobriety Test which he failed miserably. Dr. Flax could not even say his alphabet or count correctly either. The officer arrest Dr. Flax and he was later given a breath test. Dr. Flax blew a .08 and .07.
Dr. Flax was given “the deal of the century” and was allowed to enter into a plea that no other violator of a DWI would have been offered in Bernalillo County. Dr. Flax plead guilty to Careless Driving and the DWI charge was dismissed.
This was actually a case that was not the fault of the Metro Court Judge. Elizabeth Jaenicke is a special prosecutor that was brought in from another county to handle this charge because the DA’s Office was concerned that there would be a measure of impropriety if the case was handled by Kari Brandenburg’s office. ADA Jaenicke gave Dr. Flax a plea bargain that no Metro ADA would have been allowed to give. So was she called in to handle this case just for that reason? Having a special prosecutor gives Kari Brandenburg a certain amount of deniability. DA Brandenburg can say that her office was not responsible for this plea.
This plea bargain was in direct violation of the law and the policies of the 2nd Judicial District Attorney's Office. My question is whether the special prosecutor Elizabeth Jaenicke is incompentent or was she told to fix the case?
So folks unless you are rich like the Dasklos Family or the doctor of the District Attorney I suggest that you don’t drink and drive. They shouldn’t drink and drive either, but they know that they are above the law.
The Piercing Truth
This is right from the dictionary and seems to describe Albuquerque, Berry and Schultz. Fascism (f ash ,izem) noun An authoritarian right wing system of government and/or social organization. (in general use) extreme right wing, authoritarian, chauvinistic and/or intolerant views or practices. Fascism tends to include a belief in the supremacy of one group over another, national, ethnic, especially social strata or monetarily; a contempt for democracy, an insistence on obedience to a powerful leader, and a strong demagogic approach. Compliments of one of our Eyes