Many Choosing Jail Time Over Probation
Mark William Ivey really, really did not want to be on probation. He wanted to do his jail time and get on with his life — and his drinking.
At his trial in Travis County, where he was charged with driving while intoxicated, Ivey declined to give the jury the option to sentence him to probation. He contended he didn’t need treatment, and despite blood-alcohol tests that showed he was over twice the legal limit, Ivey told jurors he was not too impaired to drive. “Yes, I will drive again with alcohol in my system,” he told the jury. When ...

Comments (19)
Scott Pugsley
OF course the are taking the jail time instead!! Why would people want to be governed like dogs? That's how the Justice system is. A bunch of "Snot nosed wanna be Aristocrats" that just talk down to you like your a piece of trash,. While we " the tax paying citizens" provide the funds that pay their family's a wage. Just like some cops...that superiority complex that make them think they have the right to question you, and what give the citizenry the idea that they have the right to do so. Unless you breach the peace....it's none of their business where you came from or who you were with!! It is a free country isn't it? Or, is it? Only you can judge!!! you people need to wake up before it's too late!! Go listen to Alex Jones out of Austin, TX.....There's an Application for the IPhone and most smart Phones. Or go watch "Police State 4" on Youtube.....Please people! I love my country and was willing to give my life to protect it, and the federal government is spitting on the graves of all the fallen soilder that have died for our freedoms. Let's take it back this November....Don't just vote republican either, your better of with an independant... Look for constituants of Ron Paul! He is the man! A Constitutionalist!!!!
Joe Estep via Texas Tribune on Facebook
Shouldn`t have broken the law?!¿?! Sorry that you`re punishment is an inconvenience for you.
Jacques N. Awe via Texas Tribune on Facebook
It's a symbol of ineffective policies!
Jaime Puente via Texas Tribune on Facebook
I bet Joe here is a believer in "small government" too. Government when it's helping people is a bad thing, but when its putting black and brown people in jail for stupid things like non-violent drug offenses.. they're doing "god's" will. Give me a break. The more people of color with a felony the easier it is for conservatives to keep a hold on electoral power. Why do you think asshats like Ted Poe were so happy to send black/brown people to prison while giving white offenders a slap on the wrist?
Matthew Whitten via Texas Tribune on Facebook
Did you people even read the article?
Neil Robertson
Here is a highly-practical solution to DWI defendants choosing county jail time over 2-year county-supervised probation upon conviction: make 1st offense DWI convictions a felony with a mandatory state jail time of at least one year in a TX... DOC facility. ...Mix the 1st offense DWI convicts with the general population of violent felony offenders side-by-side and serving as cell mates. To free-up TX DOC bed space, de-criminalize possession of marijuana. That severe 1st offense penalty for DWI would probably serve as a deterrent to drinking and driving - at least it would greatly reduce 2nd offenses after that hell on earth experience for a 1st offense DWI. 2nd offense DWI, felony with 10-20 year mandatory; 3rd offense DWI – life sentence.See More
Neil Robertson via Texas Tribune on Facebook
Here is a highly-practical solution to DWI defendants choosing county jail time over 2-year county-supervised probation upon conviction: make 1st offense DWI convictions a felony with a mandatory state jail time of at least one year in a TX... DOC facility. ...Mix the 1st offense DWI convicts with the general population of violent felony offenders side-by-side and serving as cell mates. To free-up TX DOC bed space, de-criminalize possession of marijuana. That severe 1st offense penalty for DWI would probably serve as a deterrent to drinking and driving - at least it would greatly reduce 2nd offenses after that hell on earth experience for a 1st offense DWI. 2nd offense DWI, felony with 10-20 year mandatory; 3rd offense DWI – life sentence.
Scott Pugsley
Let me guess Niel,your either a cop or on welfare!! . Are you kidding me? The jails are already full of people that shouldn't be in jail. And who do you think is paying for them being in jail? Yeah, me and my tax dollars!!! Get real Niel! That's the dumbest statement ever! I tell ya what I would do! ....., if they drive under the influance and don't kill anyone, get them a cab home. If they kill or injure someone then either kill them or injure them the exact same way. If someone loses their legs due to a drunk driver, let's just cut off the legs of the offender! That would solve a lot of the issues, and cost us tax payers a lot less money!
Robert Fletcher via Texas Tribune on Facebook
Jaime: Do you really believe what you said about "conservatives?"
Neil Robertson via Texas Tribune on Facebook
Here is a highly-practical solution to DWI defendants choosing county jail time over 2-year county-supervised probation upon conviction: make 1st offense DWI convictions a felony with a mandatory state jail time of at least one year in a TX DOC facility. Mix the 1st offense DWI convicts with the general population of violent felony offenders side-by-side and serving as cell mates. To free-up TX DOC bed space, de-criminalize possession of marijuana. During the sentencing phase of a 1st offense DWI trial, offer the convict 2-year probation with mandatory substance abuse counseling, mandatory daily attendance at AA meetings, mandatory install of interlock device on their car and any car in their household and mandatory wearing of a SCRAM ankle bracelet for the first year of the probation period plus all the full fines and fees associated with adult supervision or go to TX DOC along with the hard-core violent offender felons. A severe enough alternative to rather easy county jail time would persuade convicted 1st offense DWI convicts to take the 2-year probation over hard state jail time. Additionally, those convicts who choose the state jail time for the 1st offense penalty of DWI would probably serve as a deterrent to drinking and driving - at least it would greatly reduce 2nd offenses after that hell on earth experience for a 1st offense DWI. 2nd offense DWI, felony with 10-20 year mandatory with no offer of probation; 3rd offense DWI – life sentence with no parole.
Neil Robertson
Here is a highly-practical solution to DWI defendants choosing county jail time over 2-year county-supervised probation upon conviction: make 1st offense DWI convictions a felony with a mandatory state jail time of at least one year in a TX DOC facility. Mix the 1st offense DWI convicts with the general population of violent felony offenders side-by-side and serving as cell mates. To free-up TX DOC bed space, de-criminalize possession of marijuana. During the sentencing phase of a 1st offense DWI trial, offer the convict 2-year probation with mandatory substance abuse counseling, mandatory daily attendance at AA meetings, mandatory install of interlock device on their car and any car in their household and mandatory wearing of a SCRAM ankle bracelet for the first year of the probation period plus all the full fines and fees associated with adult supervision or go to TX DOC along with the hard-core violent offender felons. A severe enough alternative to rather easy county jail time would persuade convicted 1st offense DWI convicts to take the 2-year probation over hard state jail time. Additionally, those convicts who choose the state jail time for the 1st offense penalty of DWI would probably serve as a deterrent to drinking and driving - at least it would greatly reduce 2nd offenses after that hell on earth experience for a 1st offense DWI. 2nd offense DWI, felony with 10-20 year mandatory with no offer of probation; 3rd offense DWI – life sentence with no parole.
Joel Ward via Texas Tribune on Facebook
The one that needs to go away is the misdemeanor possession of marijuana under 2 ounces... putting people in jail for smoking a joint is ridiculous.... I am all for strict alcohol regulation... I mean 10's of thousands of people every year are affected by alcohol related driving incidents... It is clear that it is a safety issue with alcohol... But I am a responsible citizen who happens to smoke pot.. I am not ashamed to say this... In New Mexico, Colorado, and California I even have a prescription, and can legally walk in to a dispensary and buy it.. But here, u can get up to 2 yrs probation or 180 days in jail, your drivers license gets automatically suspended for 6 months no matter if a car is involved or not.... I am far less likely to go out and do the stupid stuff drunk people do... Never had a dwi, never have had any assault charges, never plowed into an innocent person because I didn't see the red light cause I was opening a new beer... Yet I am demonized in this conservative environment that is Texas... Yet for all that I still love my state!! Just wish it would stop being so backasswards....
Jason Stoddard via Texas Tribune on Facebook
Jaime, nice generalization. I'm conservative and I've been actively lobbying for the decriminalization of drug laws since 1995. Also, lousy play of the race card. Lazy even.
Neil Robertson via Texas Tribune on Facebook
Joel - well put. Compare a driver of a motor vehicle on a Texas public thoroughfare who has smoked a joint of medium-to-high grade cannabis with one who has consumed 4-6 oz. of high-grade alcohol (vodka, rum, whiskey ...). Who would you rather meet head-on in opposite traffic at a rural 4-way stop or at a major urban intersection? I can almost guarantee you the 420-friendly driver is going to be exercising caution due to a common side-effect of cannabis - a false sense of paranoia while the alcohol-impaired driver will have extremely-compromised depth-perception, poor judgment skills and a sense of invulnerability.
Free up bed-space at Texas Department of Criminal Justice facilities by exonerating convicted inmates of cannabis possession fewer than 2 ozs. Or being under the influence in public. Also de-criminalize the trafficking of cannabis thereby making it a controlled substance but not a crime to sell, manufacture or possess and tax it and regulate it just as the other common drug - alcohol is. Freed-up bed space in state prisons makes lots of room for felony convicts who are DWI 1st, 2nd and 3rd time offenders...the true criminals.
When was the last time you saw a case of cirrhosis of the liver and a need for a liver transplant from a pot-smoker? If Mickey Mantle had smoked weed during his pro baseball career and retirement rather than turning into a hard-core alcoholic...he likely still be alive today.
Rob Enright via Texas Tribune on Facebook
Jaime, why is it that conservatives are labeled as racists yet liberals/progressives (which I'm assuming you support) are usually the first to bring race into a discussion? This article says nothing about race and neither did any other comment in this thread. The article centers on a man named Mark William Ivey. I can't confirm his ethnicity, but that name certainly doesn't sound like a member of the "brown/black people." A lot more progress could be made in our society if we could have more intelligent discussion or debate without immediately pulling the sword of racial division out of the arsenal. VERY few of the people that fill our jails rush out to vote in any election so the idea that sending "black/brown people" to prison is some conspiracy by the white man to have conservatives control electoral power is ludicrous. The populatioin in our prison system is higher than ever, but the last time I checked the liberal Democrats controlled both houses of Congress and the White House. That certainly doesn't support your conspiracy theory.
Chris Hudson via Texas Tribune on Facebook
Only a pawn in their game.
Christopher Thornton via Texas Tribune on Facebook
What is it with "people of color" only being used to describe "non-white" people. Last time I checked, WHITE was a color, too.
Scott Kilpatrick via Texas Tribune on Facebook
hahaha
Scott Kilpatrick via Texas Tribune on Facebook
Jason, you've tossed around "liberal" as a generalization too, so you're not exactly in a position to call out Jaime for the same. (Anyway, how many conservative-minded people care about decriminalization like you do? It seemed like a pretty fair generalization.) This is not to say that I am guilt-free.