First time DUI offenders in Davidson County are often assigned to pick up litter as part of their probation requirements following conviction, but some offenders receive credit for picking up litter even if they do not work on a clean-up detail.
The "Shaming Law," as it was dubbed in 2006 when it took effect, requires first time DUI offenders to work three eight-hour shifts picking up litter along public highways, interstates and playgrounds wearing bright colored vests that say "I Drink and Drive" on the back.
The law is meant to shame the offender into not wanting to drink and drive again.
Assigning the litter pick-up is at the discretion of the judge who sentences the offender.
In Davidson County, around 2,800 offenders have gone through the program. Countless others have received credit for picking up litter on days they did not actually work on a litter pick-up crew.
An iReport 2 Network member asked News 2 to find out why the offender can get credit for work they did not do.
The program is operated by the Davidson County Sheriff's Office.
Sheriff Daron Hall said on days where the weather is inclement, he will cancel the litter pick-up and give credit to offenders who report as required.
"We don't want our staff, or a person, out picking up litter on the interstate or the highways in the rain," he said. "One of the things we decided was if you are going to show up and we, for whatever reason, don't go forward with picking up that day, that is not your responsibility, therefore you deserve credit for showing up."
Sheriff Hall said even on days where the weather is not a concern, the litter pick-up can be dangerous.
"In January, we had an officer who was performing this function in uniform out on the highway with inmates working and the vehicle she was driving was hit by an individual," he said. "She has been out of work ever since and she ran this program for us."
Sheriff Hall said the practice of giving credit to offenders for reporting for court ordered dates even if the proceeding is cancelled is common practice in the Davidson County courts and probation system.
"I think that is the right policy to have," he said. "The law is silent on what do you do."
Phaedra Marriott-Olsen is a survivor of a drunk driving related crash. She is paralyzed and uses a wheelchair.
Since her accident, Marriott-Olsen has become an advocate for effective drunk driving related laws.