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Judges have some discretion, but that discretion isn't absolute. And bail is not set up as a punishment, but as an inducement to insure a return to the courts as required. Missouri actually have an overhaul in this not all that long ago.I am curious of why he is still allowed to drive. Is that the norm in these cases? The judge obviously has some discretion because he ordered that Britt now has to blow into some kind of breathalyzer to drive but how much authority does the judge have? Could he have revoked his driving privileges pre conviction?
Serious questions. I know that you are good in this arena. Curious of what you think.
Judge’s Must First Consider Non-Monetary and Least Restrictive Conditions
The most prominent aspect of the new bond regime is that, in general, once a suspect is arrested and confined, judges have an explicit 48-hour deadline to set bond at an initial appearance, whether in-person or on video. In that bond setting, a judge must first consider imposing conditions of release that are non-monetary and as unrestrictive as possible in order to secure the defendant’s appearance at trial or protect the community or victim.
Missouri’s New Rules for Setting Bond Take Effect – Law Office of Adam Woody