Too Old for Jail? 80-Year-Old With Walker Sentenced for 5th DUI

Added: 2026-05-27

[00:00:00]This is your fifth DWI, ma'am. You're saying it's not. So, you have money, then you can avoid being held responsible? Why do the rich people get treated differently? I thought that we were all treated fairly under the law.

[00:00:11]All right.

[00:00:12]This is case number 25 CR441.

[00:00:16]You were Tammy Dunaway Judice. All right.

[00:00:20]Excuse me.

[00:00:21]And you were with Mr. Evans, your attorney, and the state's uh attorney.

[00:00:26]The um Earlier, you pleaded guilty to operating a motor vehicle while intoxicated, but this is a third-degree felony because you pleaded true to the second paragraph, which included allegations of four prior DWI convictions dating back to 2007.

[00:00:52]And paragraphs one and two constitute a third-degree felony, so you were facing up to 10 years in prison.

[00:01:05]The agreement is whatever sentence shall not exceed a cap of 6 years in prison, so you're looking at no less than two, nor more than six years in prison.

[00:01:16]And uh you could be uh convicted, sentenced to up to 6 years in prison. That could be suspended, and you could be placed on probation.

[00:01:26]And deferred or unadjudicated probation is I'm working. DWI thirds not allowed, so It's a conviction.

[00:01:38]>> yeah.

[00:01:39]Sir? You can't do deferred, I don't think. No.

[00:01:42]No, that's disallowed for No.

[00:01:46]Um driving while intoxicated cases. So, that's what we are looking at. A pre-sentence report has been prepared.

[00:01:53]Have the parties had an opportunity to review it, and are there any corrections or changes to it? Uh I've reviewed it all.

[00:02:01]I don't have any objections, but let me read this. I wanted to add something to it. I brought this to the probation officer 2 weeks ago. This which is a week ahead of the hearing, the first hearing. This is supposed to be heard last Friday, and I brought it 2 Fridays ago, and somehow it didn't get get into it, but it's it's just medical proof that she has a pretty serious osteoporosis, weakness of her vertebrae and her bones.

[00:02:28]She's broken her hip.

[00:02:30]She's been on a walker and will probably be the rest of her life.

[00:02:34]>> But yes, she can still drive a 4,000-lb missile.

[00:02:38]Evidently, yes, sir.

[00:02:39]Well, I said in the affidavit, I will say, sir, at all.

[00:02:44]Since when? Well, we know we know in October 2023 you were driving. No, I mean That's when you were caught in a in a DWI. But I have not driven since the when I had an accident December of 2023.

[00:03:01]Of what? 2023 or 2024?

[00:03:05]Uh our 2023, same year.

[00:03:12]No, that's not the real problem. The problem is this is your fifth DWI.

[00:03:17]That we know about.

[00:03:18]>> Four. No, ma'am, you got four prior convictions.

[00:03:22]In May uh May 31st, 2007, County Court at Law 3 of Jefferson County, you were convicted of uh to operating a motor vehicle while intoxicated.

[00:03:35]After that, on August 27th, 2008, which would be a little over a year later, in County Court at Law 3, another uh operating a motor vehicle in a public place while intoxicated.

[00:03:48]Then, a little over 4 years later, uh on December 3rd uh 2012 12 you picked up two cases.

[00:04:01]Uh you were convicted of two cases in cause number 907764 and 12-15124 out of the 252nd District Court next door. Those were two separate DWI >> Yeah, she was that were handled in the same proceeding, but you have This is your fifth DWI.

[00:04:29]I know. Yeah, the fourth one, Your Honor, was used to revoke her to probation on the third.

[00:04:36]And that's why they were both the same day.

[00:04:39]Yeah.

[00:04:40]I know that's still bad.

[00:04:41]>> Yeah. I know. No, but but here's the here's the problem with This is the problem. She's standing there. Yeah.

[00:04:49]Uh but is not appearing coherent. I know more about her criminal history than she does.

[00:04:56]This is her This is your fifth DWI, ma'am. You're saying it's not.

[00:05:01]We've got to resolve that first. You should know more about your life than I should ever. Right.

[00:05:07]>> But why are you saying saying this is your >> think it was, sir. That's the God's truth.

[00:05:13]Well, I think you got There's some mental problems here.

[00:05:16]>> four I think there's some mental problems here. I mean, what's the state say? Or or Do we have four separate prior convictions of DWI?

[00:05:24]>> Yes, Judge, we do.

[00:05:26]Okay. You want me to show them to you?

[00:05:28]No.

[00:05:29]I believe you.

[00:05:30]But I shouldn't have to be trying to convince you. These are your This is your life. Well You need to be more intimately familiar with your mistakes than me.

[00:05:39]I know how many times I've got arrested.

[00:05:41]Ma'am I got I know how many times I've got arrested.

[00:05:46]arrested That's not not That's not That's not a conviction. Being arrested, that's probable cause that you might have done something wrong, but you're presumed innocent unless you're found guilty. That's what's important for convictions.

[00:06:03]It's not a good deal to be arrested for whatever reason. That needs to be fixed, but you're until you're found guilty or unless you're found guilty, we're not We're not talking about any other arrests. We're talking about convictions here in this. And that's what sentencing is all based upon, criminal history of convictions and the circumstances of this crime.

[00:06:32]And it's DWIs that's your only criminal history, but [snorts] you got What's that?

[00:06:43]>> [snorts] >> This This last time, they gave you a break on your third, you were given a break.

[00:06:51]You were placed on probation, and then that was revoked with another DWI. Then you were sentenced to 5 years in prison, right? Correct. Okay. But you understand the way things happen is is when you commit further or subsequent criminal behavior in the same subject matter, the penalties go up. You don't get less punishment for subsequent behavior of the same type. Do you understand? I All right.

[00:07:26]I mean I just wish you'd make the right decision when you get into a 4,000-lb missile. It's It does terrible tissue damage when it hits humans.

[00:07:39]In collisions, we have this every day.

[00:07:41]We have to deal with tragedies in this room on misuse of motor vehicles.

[00:07:56]Uh I'm looking at what was presented. I guess Frank, you presented this from Diagnostic Health. Yeah, yes, sir.

[00:08:04]And I I gave it to her.

[00:08:05]It didn't get in her report, but I brought it to her 2 weeks ago, which is the week after we were supposed to be in the first time.

[00:08:14]But, this is is showing that she does have a a pretty serious osteoporosis.

[00:08:19]Her I see her She's had a broken hip and what have Broken back, >> [clears throat] >> broken shoulder, and broken knee. And she doesn't walk hardly anywhere except her home. She doesn't go to the grocery store or anything like that.

[00:08:35]And she's She'd even be willing to But, she um even going on a probation would be difficult, and she doesn't want probation. What what she like, Your Honor?

[00:08:48]And it's I know it's kind of unusual is uh 2 years jail time, and and she's got a $5,000 fine, and you can even have safe peace. She's never wanted drug treatment or anything ever or alcohol treatment. She's not an addict or alcoholic. Well, how how how do I put her in in safe peace substance abuse felony punishment when she goes to prison?

[00:09:11]That is prison. No, that's a condition of probation. It's the way we do that.

[00:09:17]It's It's safe peace is not supposed to be >> Well, she doesn't Yeah. punishment. It's a medical facility, but it uh but that's not a condition under the statute when you when you get Yeah, if they want to send her If the If the state of Texas wants to send her to a facility, I guess I can't stop that as part of her confinement, but I can't order it and then place her in prison.

[00:09:46]But also the problem is Frank is is it defies logic and the historical significance of the way the criminal system works. You don't get less punishment for the same subsequent misbehavior.

[00:10:04]That'd be What kind of deterrence aspect is that? It's supposed to deter people by Wait.

[00:10:12]more punishment each time you make the same wrong choice. Well, because of her health issues, your honor, she's willing to if you give her uh 2 years jail and and she'd have voluntarily pay a $5,000 fine only only because of her her health concerns, your concerns for her. That's That that's the unusual circumstance that I I understand that that each time you commit a DWI, you don't get less punishment.

[00:10:44]I uh Well, that's what you're That's what you're you're all proposing.

[00:10:50]2 years in prison is less punishment than what you had last time. But but uh you'll pay a fine of $5,000.

[00:10:57]Oh, that's a fair fine at least makes some money.

[00:10:59]What's fair is fair. Just because somebody can pay a fine, they're a lot Most people in here can't. What's the And And So, you have money, then you can avoid being held responsible? I mean, if I was a poor person, I'd say I don't have that kind of money. Why do the rich people get treated differently?

[00:11:18]I thought that we were all treated fairly under the law.

[00:11:21]Well, And that's the way I kind of believe it should be.

[00:11:25]I I agree with you, your honor, but but her health issues are are the all the other factor that need to be factored in and that's why I brought this medical. Mhm.

[00:11:36]Uh and she's got, you know, she's on a walker. She She's got osteoporosis, which is pretty serious thing and then she could just, you know, break a bone walking and not just falling or something.

[00:11:48]>> Okay, but she can still drive a car.

[00:11:51]No, not like that.

[00:11:53]I didn't but now That one >> She had to surrender her license if she Yeah.

[00:12:01]What's wrong with that? Well, you were We know you were driving on October 19th of '23.

[00:12:06]Yeah.

[00:12:08]And then after that, you got sick?

[00:12:12]I had a spell.

[00:12:13]You weren't ill before that? No, I fainted.

[00:12:17]I'm Well, then What was We're going to walk.

[00:12:20]Well, that makes it >> She's not She's not Mexican. Question.

[00:12:22]That begs the question, really. There's a problem when you commit five DWIs, man.

[00:12:29]There's a problem there.

[00:12:31]And this osteoporosis has just come up after your fifth DWI. How can you explain the misbehavior and and the wrong choices It was wrong.

[00:12:42]Well, how many wrong mistakes do you have to make till you lose something of value? We even tried to help you with probation and that was revoked because you got another DWI. All right. Wow, that's amazing.

[00:12:57]Okay. All right.

[00:13:01]I'm sorry.

[00:13:03]Okay.

[00:13:07]All right. What did they say?

[00:13:09]Looking over the PSI, Judge, I think what strikes me the most is that the defendant has minimized her responsibility um until today. It was refreshing a little bit to hear her say, "Take responsibility. I was wrong." She minimized her share of responsibility throughout the investigation. Also, they found >> going to get today. Today. That's That's correct. I guess it's never too late to make an act of contrition.

[00:13:38]Also, [clears throat] the number of prior DWIs is a factor.

[00:13:42]The safety of the community is a factor.

[00:13:45]The fact that she's already served 5 years in TDC.

[00:13:48]>> What is she doing? We're recommending the cap, 6 years TDC, uh revocation I'm sorry, 6 years TDC. I don't feel like safety is appropriate in this case.

[00:13:58]Uh we're going to defer to you, of course, but that is the state's recommendation.

[00:14:03]Thanks.

[00:14:04]You heard what the state says, and they they this group of prosecutors has been very fair, I think.

[00:14:14]She's asking for 6 years in prison.

[00:14:18]Which Um The last time she was on probation Yes.

[00:14:43]Let Let me talk to this everybody for just a second.

[00:14:51]Yeah, she's not Yeah, Miss Judy, she's a grown-up. And you you can make that choice.

[00:14:58]The problem you have here is is uh the way the court feels like things ought to work in the way I think this that you don't get lesser punishment for the same subsequent misbehavior crimes.

[00:15:13]You know, that would not deter crime.

[00:15:15]That would be working against deterrents. If people moved the more they could get trouble, the less punishment would be, they would they would just race to uh to make punishments.

[00:15:26]So, your cap is 6 years in prison and anything I have by any means. No, no sir. Anything from you, man?

[00:15:35]No, sir. Okay, then I'm going to find that and um I I I wish this didn't happen. You seem like a nice person.

[00:15:48]But, we're talking about 4,000-lb missiles being driven around and it's hard enough to drive them responsibly when you're sober. The way other people drive, too. Correct.

[00:16:01]>> You got to be defensive. And again, this is your fifth DWI. You have been a felon two three convictions ago.

[00:16:14]I'm going to find you have pleaded guilty in paragraph one and true to paragraph two in this third-degree felony of operating a motor vehicle while intoxicated. You have pleaded guilty and true to paragraphs one and two voluntarily, knowingly, intelligently.

[00:16:31]And you have pleaded true to the allegations in paragraph two, which state that before you committed this offense, you were convicted of four four previous DWIs, two of them being felony operating motor vehicles in public places, and you were sentenced to you were placed on probation last time.

[00:16:53]That was revoked and you were sentenced to 5 years in prison.

[00:16:58]The agreement is a cap of 6 years in prison.

[00:17:01]I hereby find you guilty beyond a reasonable doubt of this third-degree felony in paragraphs one and two. I'm following this agreement. You are hereby sentenced to confinement in the institutional of the Texas Department of Criminal Justice to serve a term of six years.

[00:17:17]And I just wish we all weren't put in this position.

[00:17:23]Here's the moment everything changes.

[00:17:25]The judge accepts the plea deal, but then adds two extra years of probation anyway.

[00:17:30]That's a courtroom power move.

[00:17:33]Legally, judges often control probation length, even when both sides agree on a recommendation. And in this case, she's making one thing crystal clear.

[00:17:43]Getting another DWI just 4 days after probation ended completely destroyed his credibility.

[00:17:50]Question for you guys. Should repeat offenders get longer supervision, or does extending probation just delay the inevitable? I I just wish we could fix this mess.

[00:18:02]But you have to know you were a a a a blink of an eye from fatalities when you're operating a 4-ton 4,000-lb missile, especially intoxicated.

[00:18:15]And not only you, but everybody else on the road relies on each other to act responsibly with 4,000-lb missiles zipping around the road.

[00:18:25]And for whatever reason you did not learn from these prior convictions and are put into a situation where I I am disappointed, but this is the just result under these circumstances.

[00:18:49]All right, anything else? No, no, your honor.

[00:18:52]Thank you. Thank you. Good luck, man.