You are a county criminal court judge and have before you


You are a county criminal court judge and have before you the case of an 18-year-old young man who has been cited for driving under the influence of alcohol. He crashed his new Porsche Cayenne Turbo into a utility pole, was belligerent upon being apprehended by police, and his blood-alcohol test revealed a reading of 2.0 mg/ml, over two times the level required for an impaired driving citation. In the accident, the young man suffered only minor injuries, totaled the $100,000+ vehicle, and caused an estimated $8,000 damage to the utility pole. Prior to his appearing in your court, his father has requested a meeting with you in your chambers. The offender's father is a very wealthy businessman who is a prominent figure in the community and beyond, to the state and even national levels.

In the meeting with the offender's father, you are surprised at his extensive knowledge of your background-your college record, early military service, law school grades, early law practice, and your past financial difficulties trying to balance a budget and raise a family. He also knew of the charity causes you supported and volunteered for. He especially recognized your part in the Big Brothers/Big Sisters program, where you are a major volunteer.

The offender's father then offered you a "confidential arrangement," on a "gentleman's handshake" that asked you to dismiss the case against his only son, who truly needs a "clean record" to inherit his business interests. He also assures you that his son has "learned his lesson" about driving under the influence of alcohol.  In return for you dismissing the case, he writes out a check to the local chapter of Big Brothers/Big Sisters for $150,000 and hands it to you. You know that the local chapter of your favorite charity is really experiencing financial difficulties, and this donation will completely erase those difficulties. Conversely, should the case proceed, the young man's father assures that he will bring in the most expensive and sophisticated legal team in the country to contest everything from the initial investigation to the blood/alcohol test to the arrest and everything in between, thus costing the county a fortune in legal costs. What is your decision in this case?

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