Leaving The Scene

A criminal conviction has drawn the following sanction from the Ohio Supreme Court

Christopher Paul Mitchell is hereby suspended from the practice of law for one year, with the suspension stayed in its entirety on the conditions that he successfully complete the five-year term of probation imposed  in his criminal case, continue to actively participate in his substance-abuse recovery and treatment as recommended by a qualified chemical-dependency professional, remain drug- and alcohol-free, and commit no further misconduct. If Mitchell fails to comply with a condition of the stay, the stay will be lifted and he will serve the full one-year suspension.

The offense

At approximately 2:20 a.m. on April 29, 2017, Mitchell was involved in a two-car crash in Fredericksburg, Virginia. He failed to yield the right-of-way and collided with another car causing extensive damage to both vehicles. The driver and passenger in the other vehicle were transported to the hospital, where they were treated for minor injuries. Although Mitchell’s car was significantly damaged and his airbags had deployed, Mitchell left the scene of the crash. The police apprehended him a short time later, and he cooperated with their investigation. Mitchell admitted that he had consumed six beers that evening, and he expressed concern about the occupants of the other vehicle. A breathalyzer test showed that his blood-alcohol content was 0.12…

Mitchell was charged in Virginia with leaving the scene of an accident involving injury or death, a fifth-degree felony, and driving while intoxicated, a first-degree misdemeanor. On February 8, 2018, he pleaded guilty to both charges. The trial court sentenced him to three years in prison for the felony and 60 days in jail for the misdemeanor but suspended both terms and placed him on supervised probation for five years.

He enrolled in and is compliant with recommendations by the D.C. Bar’s Lawyer Assistance Program.

Following his arrest, Mitchell voluntarily contacted the District of Columbia Lawyers Assistance Program, which recommended that he contact the Family Counseling Center for Recovery (“FCCR”), a treatment facility near his home. FCCR assessed Mitchell and recommended that he participate in an intensive outpatient program consisting of 24 sessions, which he successfully completed.  Mitchell voluntarily wore a SCRAM (secure continuous remote alcohol monitoring) bracelet on his ankle from May 8, 2017, to February 8, 2018, during which the device detected no alcohol in his system. He also sought out an Alcoholics Anonymous (“AA”) sponsor, who recommended that he attend 90 meetings in 90 days. Mitchell testified that he attended at least one meeting a day for his first year in the program.

There is no indication that the District of Columbia (where he also is admitted) has taken action against his license. Normally a felony conviction results in an interim suspension.

However, leaving the scene of a personal injury accident is a misdemeanor in the District of Columbia. 

The court had a notable similar case (and interim suspended but later vacated that order) that culminated in a decision described in this Jeremiad  linked here.

There is perhaps no greater sanction disparity among the jurisdictions than how drunk driving is treated.

Some treat it as serious misconduct; some do not. (Mike Frisch)