Ann Arbor prosecutor pleads guilty to drunk driving charge
Ann Arbor senior assistant city attorney Robert West pleaded guilty today to operating while visibly impaired.
West, 57, who spent years prosecuting drunken drivers, faces up to 93 days in jail when he is sentenced Jan. 28. He pleaded guilty in 14A-3 District Court in Chelsea.
The plea will result in an investigation by the Attorney Grievance Commission, which will determine any action against West’s law license, officials said. It also triggers a 90-day suspension of West’s driving privilege.
Robert West
West is looking forward to putting the incident behind him, said his attorney, John Shea.
“We’re all human and we make mistakes,” Shea said. “The key to handling them is recognizing them when they occur and acknowledging them when you’re called upon to acknowledge them and moving on, resolving not to repeat them. And that’s what he’s done.”
West was initially charged with first-offense operating while under the influence, stemming from an Oct. 25 traffic stop. When he was arrested, West was responsible for prosecuting drunken drivers in sobriety court in the 15th District Court.
The opportunity to plea to the lesser charge is a “standard negotiated resolution” in such first-offender cases, said Washtenaw County Chief Deputy Assistant Prosecutor Steve Hiller.
West was pulled over after Washtenaw County sheriff’s deputies say he passed through a red light at Baker and Jackson roads in Scio Township without stopping.
According to records, West submitted to a DataMaster breath test, which determined his blood-alcohol level was .12. In Michigan, it's illegal to drive with a blood-alcohol level of .08 or higher. The DataMaster test was given 93 minutes after the initial stop.
It's unlikely West will be sentenced to jail time because he's a first-time offender.
Court rule requires that West, his attorney and the prosecutor notify the Attorney Grievance Commission of the misdemeanor conviction, officials said.
Grievance Administrator Robert Agacinski said, "Our goal is to see what needs to be done to protect the public."
Lee Higgins covers crime and courts for AnnArbor.com. Reach him at leehiggins@annarbor.com or 734-623-2527.
Comments
Lokalisierung
Wed, Dec 23, 2009 : 12:26 p.m.
@Slug - That would teach him what the legal system is like for non drinking offences. Almost non of the things you mentioned happens with a first time offence. You get a notice, you go to court that's filled with 100-200 other drunkies, they call you up, you plead, yada yada. No one goes to jail or works on a clean-up crew or any of that stuff. Maybe in the movies.
Keepsitreal
Wed, Dec 23, 2009 : 4:09 a.m.
Why not cabs? cause people figure when they drink they have the liquid courage to make it. Why leave my car there? I can do it! bad mistake, all cause some people have gotten drunk and taken out a whole family and MADD has their skivvys in a bunch, I ts all politics and $ signs.
Lokalisierung
Tue, Dec 22, 2009 : 6 p.m.
Becasue cabs are expensive. Seroiusly...it's just that simple.
djm12652
Tue, Dec 22, 2009 : 5:59 p.m.
@treetowncartel....and the Grievance Commission he will most likely face is in place BECAUSE of the oath taken to uphold the law, not break it...and he was fully aware of this when he decided to become a practicing attorney...or is that point lost?
djm12652
Tue, Dec 22, 2009 : 5:50 p.m.
I've got a novel idea! How about people that drink don't drive! Call a cab, call a friend, whatever. I mean, how many drunk, arrogant idiots can one town hold?.....Oh wait, that's right...half of the people that drink and drive will swear they're more attentive when driving...yeah...and I'm a 5'10 supermodel when I've had a couple of drinks...
Lokalisierung
Tue, Dec 22, 2009 : 4:16 p.m.
Are there any facts to this claim he doesn't allow plea deals? I find that extrememly hard to believe. I have been to OUI court (for um...a friend) and basically they just line everyone up and ask who wan'ts to plea. That's how the legal system works.
ffej440
Tue, Dec 22, 2009 : 4:08 p.m.
No plea deal is allowed by him in the 15th court. Not fair he gets a deal,I have seen his court in action and HE should face the same program placed on everyone that has to appear in the 15th sobriety court.If he thinks its fair for everyone else, why not him? I do not think it would be right for him to continue in that court if HE doesn't believe the program is fair for ALL ( Including himself)
treetowncartel
Tue, Dec 22, 2009 : 2:49 p.m.
What you people fail to realize is that Mr. West is going to have to answer for his actions in two different forums. The grievance commisssion will look into the matter and he is sure to face something there. Those of you saying that he is an officer of the court and is hed to a higher standard must be missing this fact. A normal citizen non-officer of the court would only have to mount a defense in a criminal forum. Although, this is not taking into consideration that a civil forum could be pursued, if the actions taken resulted in soemeone being damaged in way or another.
scooter dog
Tue, Dec 22, 2009 : 2:40 p.m.
Wow,I think ya all need to switch to the decalf.Off with his head for admitting his mistake,lose his job,please,give the guy some slack.I don't care if he's the pope,everyone slips up.Now if he does it again then to the gallows with him.
OverTaxed
Tue, Dec 22, 2009 : 2:25 p.m.
We need higher standards for those who lead us. In jail and out of a job!
djm12652
Tue, Dec 22, 2009 : 1:56 p.m.
@Terrin and others that think this is "not a problem"... I'm sure Mr. West is a decent human being, but once again I MUST REITERATE that when he became a lawyer, he took AN OATH to uphold the law. As a protector of our laws, and an officer of the court, I no longer see him fit to prosecute others. He has demonstrated his total lack of respect for the very laws he has sworn to uphold. It's not time to move on people, it's time to have prosecuting attorneys that have the integrity and ethics to do the job and to do it respectfully...he should not be treated as "anybody else" he violated the trust of the people to uphold the law. He along with all attorneys as officers of Court must hold themsleves to a higher standard...
Keepsitreal
Tue, Dec 22, 2009 : 1:10 p.m.
Ya he made a mistake but he is a man of the law no excuses! I made a mistake drunk driving and they didnt care about me! Everyone makes mistakes but I'm just glad he got a taste of his own medicine.It just proves my point before that there are a lot of people drinking and driving out there just some never get caught.
mw
Tue, Dec 22, 2009 : 12:51 p.m.
Do you all seriously believe what you're posting? I'm sure you'd think he was a "good guy" if he crashed into your car and killed your son or daughter. At at BAC of 0.12, West was most likely still a safer driver than all the people chatting on their cell-phones while driving: Test subjects were observed as they braked for a slowing car in front of them, then resumed speed. "When drivers were conversing on a cell phone, they were involved in more rear-end collisions... and took 18 percent longer to return to their initial driving speed than when they were legally drunk," the paper says, adding that there was "equal impairment" with hand-held and hands-free phones. http://www.healingsearch.com/Health%20News/Cell%20Phone%20Driving%20Like%20Being%20Drunk.htm When I used to see people weaving, I'd think 'drunk', but now I think 'cell phone', and invariably, I'm right.
Lokalisierung
Tue, Dec 22, 2009 : 12:28 p.m.
Standard first drunk driving. I still think he's better suited for the job now that he has inside experience of the law.
treetowncartel
Tue, Dec 22, 2009 : 10:39 a.m.
Its over and handled in normal fashion. Can we get some real news now?
actionjackson
Tue, Dec 22, 2009 : 10:09 a.m.
As long as Mr. West is treated the same as a first offender of say 22 years old (first offense) so be it. A public defender recently told a young man to plead guilty to the DUI and has that guy ever gone through the ringer! He should have had his own attorney and pleaded to the reduced charge of impaired driving. I agree that everyone deserves one chance at a mistake made and Mr West should go through the procedures that all convicted impaired drivers endure. Good luck and hope that a lesson is learned.
jondhall
Tue, Dec 22, 2009 : 10:04 a.m.
The only good thing for Mr West is that unemployment benefits have been extended. sometimes in life you do not get a second chance, this is one of those be strict with Mr West he has lost the faith of the people. Maybe after recovery he can become a drug and alcohol counselor and work for the wages of a social worker. This guy would not cut you a break do not cut him one! This crime is like a NASCAR driver speeding on the highway! He should know better. The mere fact that he blew what he did tells me he has no respect for the law, they he certainly knows! As for the judgment of the cop that pulled him over, he should be suspended without pay until he learns how to make better decisions. Picture this he sees the law BROKEN, however debates on what to do??? So he sees a bank robbery, gee whiz what does he do call his SUPERVISOR, there is a serious problem here. The indecision of the officer's part is just as serious as the CRIME itself.
eric paige
Tue, Dec 22, 2009 : 9:47 a.m.
you guys are nuts....here is a guy that prosecutes but doesn't follow the statues of law....he should be above this or quit....what's wrong with that...I've had problems with the court on this and this guy sticks it to you....I have been recovering from my legal troubles for years only to see him get slapped on the wrist.
Atticus F.
Tue, Dec 22, 2009 : 9:40 a.m.
Weather you believe he should keep his job depends on how serious you think the crime of drunk driving is. What if he had been arrested for selling cocaine, or useing cocaine? or was arrested for beating someone up in a bar fight? would he still be allowed to keep his job? I personally think drunk driving laws are too strict, borederline draconian. And that no one should lose there job if convicted for a first time. And I hope if he does keep his job, he will take that into consideration before sentencing others. And no, I have never been pulled over for DUI or anything of that nature.
DagnyJ
Tue, Dec 22, 2009 : 9:03 a.m.
Also, John Shea is probably the best criminal defense attorney in the area. Smart, thoughtful, tough, and well-respected.
DagnyJ
Tue, Dec 22, 2009 : 9:02 a.m.
Mr. West deserves our respect for stepping up and doing the right thing. The charge is pretty standard in first offense DUI. He will probably get 1 year probation, restricted license, and a requirement to attend a MADD presentation. He will also likely be required to attend 12-step meetings. All of these will be good for him. He'll learn a lot about himself and the system in which he works. I hope he returns to prosecuting these charges because he will do better work as a result of this experience. Good luck to him.
glimmertwin
Tue, Dec 22, 2009 : 8:51 a.m.
Is there any law that states he cannot be prosecutor if convicted of this? Is there any agreed-to employment contract that states he will be terminted if he is arrested for drunk driving? I don't think it's fair to just invent rules because this happened. If he was arrested and convicted for a different kind of crime could he lose his job? I just don't' think it's right to change the employment rules of a person because they got into trouble. And although drunk-driving is a serious issue, this is his first offense.
DeadHead
Tue, Dec 22, 2009 : 8:44 a.m.
I was a bit irritated at how the arresting officer had a moral debate on what to do with this man. He should have had NO indecision, and taken him directly to jail like everyone else.
Tom
Tue, Dec 22, 2009 : 2:54 a.m.
Do you all seriously believe what you're posting? I'm sure you'd think he was a "good guy" if he crashed into your car and killed your son or daughter. MANY people lose their jobs for drunk driving, and most can't just "move on with their lives" because of the financially ruinous nature of DUI penalties. That may be the way it should be, but that aside, this is the highest order of hypocrisy that exists; there's a special place in hell carved out for people who ignore the rules they, themselves enforce. So how's he going to get to work in the morning with his license suspended?
billy
Mon, Dec 21, 2009 : 11:26 p.m.
This is a funny link to what Mr. West will have to go through on his probation http://www.southparkstudios.com/episodes/103677
Laura Shue
Mon, Dec 21, 2009 : 10:27 p.m.
Perhaps Mr. West has a drinking problem that he will now face up to. In the event that he does, and he is able to both own up to and overcome it, he is exactly the kind of judge I would want sitting on sobriety court. He becomes, through this very public event, transformed into someone uniquely equipped to offer experience, guidance, and - most importantly - consequences for non-compliance to those who find themselves before him. Best of luck to you, Mr. West.
Terrin
Mon, Dec 21, 2009 : 9:31 p.m.
I agree West seems to be a good guy. More importantly, he is the type of guy you want as a prosecutor. Namely, a guy with common sense and some decency. I do not see why West would have to leave his job, or stop prosecuting drunk drivers. People want West treated like anybody else. Other people wouldn't lose their job nor would they be subject to facing a grievance board. Further, just because he pleaded guilty to a crime doesn't mean he can't perform his job impartially.
Thick Candy Shell
Mon, Dec 21, 2009 : 8:03 p.m.
@TruBlue, Relax man, he made a mistake. Let it go. Would your company fire you for a drunk driving? I know for a fact that the City has kept others after a drunk driving. If they fire him after keeping others that would not be right. I agree that he should not be involved in the prosecutions of drunk drivers anymore, but there is much more to the City's legal department than that.
Ricebrnr
Mon, Dec 21, 2009 : 7:58 p.m.
Good on him for man-ing up and not fighting the charges. Hopefully he can salvage and move on.
TruBlue
Mon, Dec 21, 2009 : 7:13 p.m.
I am sure he is a good guy and it was a mistake. Unfortunately he has to go. Drunk drivers need to be shown that there is a heavy price to pay when you drink and drive. Allowing him to keep his job will just show people that they can get a free pass for first time drunk driving. That could cost people their lives.
Ypsidweller
Mon, Dec 21, 2009 : 6:09 p.m.
Mr. West is a good guy. He made a mistake and I am pretty sure he won't repeat it. Time to move on.