Asking the judge to grant a driving safety course under the discretionary provisions of the DSC statute to a friend who is not eligible under the mandatory provisions is proper or improper?

Asking the judge to grant a driving safety course under the discretionary provisions of the DSC statute to a friend who is not eligible under the mandatory provisions is proper or improper?

• A. Improper
• B. Proper
• C. Not specified
• D. Cannot be determined

Answer: (A)

The option to take the Driving Safety Course exists only for offenders who meet the statutory eligibility criteria. Even with the judge’s discretion under the DSC provisions, that discretion operates within those limits. Ordering the course for a friend who does not qualify would bypass the statute and amount to granting a personal favor, which isn’t proper. So, it’s improper to grant the driving safety course in this situation. If the person truly doesn’t meet the discretionary eligibility, the court should not order the DSC and should follow other lawful options.

The option to take the Driving Safety Course exists only for offenders who meet the statutory eligibility criteria. Even with the judge’s discretion under the DSC provisions, that discretion operates within those limits. Ordering the course for a friend who does not qualify would bypass the statute and amount to granting a personal favor, which isn’t proper. So, it’s improper to grant the driving safety course in this situation. If the person truly doesn’t meet the discretionary eligibility, the court should not order the DSC and should follow other lawful options.