DWI diversion criticized

• By JOE GYAN JR. AND JOHN MCMILLAN
• Advocate staff writers
• Published: Sep 27, 2008 - Page: 1B - UPDATED: 12:05 a.m.

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The head of MADD in Louisiana said Friday that first-time DWI offenders should not be allowed to avoid prosecution by entering pretrial diversion programs in some parishes, the way a local prosecutor’s drunken driving case is being handled.

But a local defense attorney who handles numerous DWI cases across the state said he wishes the practice could be expanded.

The comments by Donna Tate, state executive director of Mothers Against Drunk Driving, and John Calmes, a Baton Rouge lawyer, came a day after veteran East Baton Rouge Parish prosecutor Prem Burns acknowledged she is enrolled in a pretrial diversion program after her Aug. 26 DWI arrest in Ascension Parish.

“It’s not effective,’’ Tate said of pretrial diversion for DWIs. “There’s no science that shows it decreases DWIs.’’

Calmes said that is not the purpose of pretrial diversion.

“There are cases where people make a mistake,’’ he said. “It’s intended for first offenders. Obviously I would like to see it a lot more.’’

Burns claims the arresting Sorrento police officer, Terry Albright, beat her after he pulled her over on Interstate 10.

Police Chief Earl Theriot said Albright was suspended without pay, pending an investigation, following Burns’ allegations. After he was suspended, Albright resigned, Theriot said.

Besides DWI, Burns was booked with improper lane usage, flight from an officer and having an open container in her car. Albright said in his report that there was a bottle of wine — three-fourths empty — in Burns’ car.

The report also says Burns was “extremely intoxicated,’’ had “slurred speech’’ and refused to take a field sobriety test the night of Aug. 26.

“I was not stumbling drunk,’’ Burns, a first assistant district attorney who withdrew Aug. 8 from the race for East Baton Rouge Parish District Attorney, said Thursday.

Burns was administered a blood-alcohol breath test at the Gonzales Police Station. She registered 0.138 percent blood-alcohol content, Albright’s report said. The legal limit for driving while intoxicated in Louisiana is 0.08.

If Burns successfully completes the pretrial program, 23rd Judicial District Attorney Tony Falterman said she will not have a DWI conviction on her record.