Judge's Jail Terms for Drunken Drivers Challenged

BLOOMFIELD HILLS, Mich. - A lawyer and a Wayne State University law professor are challenging a Detroit-area judge's decision to send first-time drunken drivers to jail, saying she is violating the defendants' constitutional rights.

Attoey Robert Larin and professor Kenneth Mogill made the arguments in a motion Wednesday in 48th District Court in Bloomfield Hills, the Detroit Free Press reported.

The motion is on behalf of one of Larin's clients, a 67-year-old West Bloomfield man with a drunken driving case before Judge Kimberly Small. They argue that she is legislating from the bench, should disqualify herself and has shown a bias in drunken-driving cases.

Small's office told The Associated Press on Thursday that she couldn't comment, saying it would be inappropriate to discuss a pending case.

Small is the judge who recently sentenced ESPN analyst and former NBA player Jalen Rose to 20 days in jail in a March drunken-driving crash.

Last month, a Free Press review of drunken-driving sentences found Small exceeds most judges in the area and nationwide when sentencing first-time offenders. She previously told the newspaper she believes sentencing drunken drivers to jail sends a message that it is a serious crime.

"We have to decide if we're going to get serious about this or not," she said.

Under Michigan law, first-time drunken driving is a maximum 93-day misdemeanor, but there is no minimum mandatory jail time.