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Clayton County judges and prosecutors discuss DUI-court transfers and possible bond revocation for repeat offenders
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Summary
At the April 16 State Court motions calendar Judge Tammy Long Hayward and prosecutors discussed transferring cases to DUI court, the assessment process for acceptance, and potential motions to revoke bond after prosecutors identified prior DUIs in one defendant’s record.
Judge Tammy Long Hayward and prosecutors used the April 16 motions calendar to discuss two defendants who may be routed into DUI court and the possible bond consequences if they are not accepted.
The court heard that Thomas Lee Bennett has applied for DUI court and his attorney, Tom Cook, told the judge Bennett “has decided he wants to pursue DUI court.” Deputy Chief Shabria Ponder, for the state, told the court that DUI-court acceptance requires an assessment by the DUI coordinator and that “we do not know whether or not he was accepted into the program unless he has his assessment.” Judge Hayward said, “If he's accepted, then I'll go ahead and transfer the case to Judge Garrett so he can do the plea and the adjudication I mean, and the sentencing.” Bennett’s case was continued to the next motions calendar to allow the DUI-court assessment to be scheduled.
Separately, defense counsel Nathaniel J. Middleton and the state discussed the case of Willard Kirkland Walker. Ponder told the court she had located certified convictions showing Walker had two prior DUI convictions within the last five years; she said that information changed the state's recommendation and that the office would consider filing a motion to revoke bond and would file a 4-17 to obtain certified convictions. Ponder also told defense counsel she would send the DUI-court application and materials to Middleton; Middleton provided an email address on the record for that purpose. Judge Hayward instructed the parties to consider DUI-court placement, and she said she would transfer any accepted case to Judge Garrett for plea and sentencing to align with DUI-court procedures.
Why it matters: DUI court offers supervised treatment and monitoring that can be an alternative to traditional sentencing for eligible defendants, while certified prior convictions and multiple DUI arrests can prompt prosecutors to seek revocation of bond and stiffer penalties. The judge emphasized the public-safety stakes when repeat impaired-driving convictions appear in a defendant's record.
Court directions and next steps: Bennett’s case was continued for scheduling the DUI assessment; Ponder will send DUI-court application materials to Middleton for Walker and indicated the state may file motions seeking certified convictions and to revoke bond if needed. If a defendant is accepted into DUI court the judge will transfer the case to Judge Garrett for plea-taking and sentencing under the DUI-court program.
