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Tuesday, January 12, 2010

Ind. Courts - "Cass Superior Court Judge rejects traffic violator plea deal"

Kevin Lilly reports in the Logansport Pharos-Tribune today:

A judge has rejected a plea deal in a case involving a Logansport man with a lengthy rap sheet of traffic offenses, including driving while suspended for life.

On Monday, Cass Superior Court II Judge Rick Maughmer said he could not accept terms of an agreement that called for 50-year-old Niger Castro Lopez to spend two years on in-home detention followed by six years of probation. The judge said because of repeated offenses that punishment would be too lenient.

Lopez is facing a charge of operating after lifetime suspension, a class C felony that carries a maximum of eight years in the Indiana Department of Correction.

According to court records, an Indiana State Police trooper pulled Lopez over near Broadway and 10th Street on Feb. 15 after he allegedly failed to signal a lane change. A check on Lopez’ driving record revealed that his license had been suspended for life.

Past driving offenses include multiple arrests and citations for operating while intoxicated, driving without insurance and driving while suspended that date back to 2002.

Deputy prosecutor James Ackermann asked the court to accept the plea deal, as did defense attorney Jay Hirschauer. Both said the deal was fair and the best one Lopez could possibly get.

Hirschauer called Lopez a political refugee who did not understand why the consequences of driving without a license were such a serious offense and that he could end up in prison. His client, who required the services of an interpreter, drove to get to and from work, Hirschauer said.

Judge Maughmer explained that because Lopez had been put on probation in the past and drove anyway, Lopez needed a stiffer penalty that would send the message that driving without a license will not be tolerated.

The case has been put back on the court’s trial calendar. Lopez, who is out of jail after paying a $10,000 surety bond, is scheduled to be back in court March 29. Trial is set for April 14.

Posted by Marcia Oddi on January 12, 2010 09:38 AM
Posted to Indiana Courts