Is Third Time a Charm For This Ex-Judge?  

Posted by LibertyCast in

Well James A. Weaver has been let loose on the masses once again after his second OWI conviction, and has had his license reinstated to practice law once again...

James Weaver was once a judge in the Quad City area, and back in 2002 he was reprimanded by the Iowa Supreme Court for his first OWI. This caused him to be forced out of the judiciary, and he was granted disability retirement based on alcoholism and depression. He also had to undergo substance abuse treatment and pay $1,340 in fines as part of the sentencing.

Soon after the conviction, approximately one month, he opened a private practice in law.

Following this in 2004 he received his second OWI. This time the prosecutor recommended $1,500 in fines and seven days in jail. However his judge, Denver Dillard, saw otherwise with the recommended sentencing of residential imprisonment not to exceed two years.

Weaver reportedly called Dillard dishonest (and claiming this punishment too harsh), in the Muscatine Journal, and appealed the case. The Iowa Court of Appeals denied his appeal and the Iowa Supreme Court denied any review. He did serve his out his sentence being allowed to claim his $2,500/mon. state pension during his term.

After being released his license to practice law was suspended for three months, but has now been reinstated.

I would ask anyone reading this article, for someone who has had difficulty following the law and even challenged judgment passed calling your sentencing judge dishonest would you like this person practicing law for you?

And an even larger concern is him back behind the wheel. According to Iowa law is that you lose your license for two years with your second offense. Well this was served in imprisonment so he is eligible to drive once more.

Will he learn the third time or not? Pre-conviction with the second offense he did not reveal much remorse, but post-conviction this has yet to become clear. So what will he do? Only time can tell at this point.

If he does drink and drive and receive a third conviction Iowa law states the following for sentencing:

Third conviction: A third offense within a 12-year period is a Class D felony that will earn you up to five years in jail and a $2,500 to $7,500 fine. You'll lose your license for six years.

In addition to spending time behind bars, paying a hefty court fine, and losing your driving privileges, you will also need to complete a course for drinking drivers and undergo a substance abuse evaluation or treatment program―whether this is your third offense or your first. Iowa law requires that you pay for these services at your own expense. You'll also be hit with a $200 fine that goes toward the state's victim restitution fund.

If you are caught driving while your license is revoked, you'll be charged with another misdemeanor and ordered to pay a $1,000 fine.


This entry was posted on Saturday, December 6, 2008 at Saturday, December 06, 2008 and is filed under . You can follow any responses to this entry through the comments feed .


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