By By KATHIE HEMPEL / Niles Daily Star
NILES – If you drink and drive, take note.
Berrien County Judge Scott Schofield, who holds court at the Berrien County South County Building in Niles, is going to give you a choice, but it's unlikely you'll like either one of them.
Schofield is cracking down on repeat drunk driving offenders in a way that improves lives.
"I began the program three or four months ago and we have had very encouraging results. Now repeat drinking drivers have a punishment of choice. They can go to jail, which they deserve for putting the public at risk, or they can choose an intensively-monitored probation. Jails are very good at punishment and getting the driver off the road. They are lousy at curing addiction," Schofield said.
He tells the story of one defendant, who as soon as he was released from jail walked immediately to the nearest liquor store. The judge is hoping the new program will make a difference in lives and reduce the number of drunk drivers on local streets.
The program requires the participant to report to the law enforcement complex every day for the first 90 days for an alcohol test. In addition, they are required to meet with Schofield every two weeks, meet with their probation officer more often than usual, attend regular Alcoholics Anonymous meetings and counseling sessions.
"There are no acceptable excuses," Schofield said.
Regardless of the charge that brings a defendant before him in court, Schofield said alcohol is typically at the root of the problem.
"As an example, I had a defendant before me just today here for an assault and battery charge. He had been drinking before he allegedly got into the fight that placed him in court," Schofield said.
That stated, the judge said he thinks the link often made between drinking and domestic violence is overstated.
"That is an issue of control. They may wish to blame it on the drinking, but in my experience batterers do not batter because of drinking. Drinking is not an excuse for any poor behavior," he said.
When in a tough spot, people will often attempt to make it someone else's fault, he said. He sees it as one of their ways of avoiding personal responsibility for their own happiness and behavior.
"I sometimes try to impress upon defendants the effect of their actions on others by using the analogy of the stone tossed into a pond. There are all sorts of ripple effects to family, friends, employers and the general public when they drink and drive. I like to tell them that life is best met head on," Schofield said.
The judge pointed out that he has never had anyone admit they don't want the best for their children. He tries to impress upon offenders that their job is to be a role model and that children learn what they watch.
"You have to be the person you want your child to become," he said.
He lets those who appear in his courtroom that once they are there it is too late to use the family and the job as an excuse to avoid punishment.
"They like to bring these responsibilities for leverage at the time of sentencing. I let them know it is better to think of those responsibilities first. That next time they need to think about their choice to drink and drive first," Schofield said.