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Judge drops 2005 traffic case
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Posted on May 10 2008
Superior Court Associate Judge Juan T. Lizama has ordered the dismissal of a traffic case against a motorist who was sentenced in 2005 to spend 30 days in jail, but was arrested last month for not appearing at a review hearing.
Lizama dropped the traffic case against Jeloni S. Tailipao on the ground that the government failed to extend the defendant’s probationary period to the date of the review hearing.
In his decision issued Thursday, the judge ruled that in order for the court to retain jurisdiction over the defendant, probation needed to be extended from the time of the bail hearing.
“It was not, and therefore the court must dismiss the case against the defendant as it has no jurisdiction over him,” he said.
According to court records, on Sept. 8, 2005, Tailipao pleaded guilty to driving under the influence of alcohol. The court sentenced him to 90 days in prison, all of which were suspended except for 30 days.
Tailipao was placed on one year probation with the conditions that he pays a $1,000 fine, suspension of driver’s license for six months, obey all CNMI and U.S. laws, and report to the Commonwealth Health Center for treatment/evaluation and compliance with any recommended treatment.
The defendant was required to pay an assessment fee of $25 and $100 probation fee. He was barred from possessing or consuming any alcoholic beverages during the probationary period.
Due to Tailipao’s failure to comply with all of the terms of his probation and failure to appear, his probation was extended a number of times in 2006 and 2007.
In April 2007, a bench warrant was issued for the defendant’s failure to appear at a review hearing.
From court submissions, it appears that the defendant was not brought into custody until sometime in April 2008.
The court ordered the defendant’s release and required him to appear at the next review hearing, April 10, 2008.
In his order, Lizama said the government asserted that there is jurisdiction pursuant to the bench warrant.
Lizama said Tailipao failed to appear at a hearing, which is why the bench warrant was issued.
“While the court is sympathetic to the position of the Commonwealth, nonetheless it must dismiss the case against the defendant,” the judge said.
