Lawyer reveals what could set off a prosecutor in Paul Pelosi's DUI case

Criminal defense attorney Mark Geragos explained the relevance of House Speaker Nancy Pelosi's husband Paul's reported involvement in a car crash prior to his DUI arrest Wednesday on "Jesse Watters Primetime."

"I'd tell you that this was not a sweetheart deal except for one fact which you did not mention," he told host Jesse Watters. "He does have a horrible history, many, many years ago, being in a crash [in which he was the] driver and reportedly his brother being killed in that crash."

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"In my experience — and I've done hundreds, if not thousands of these much earlier in my career — those are the kinds of facts that will set off a prosecutor."

But that fact did not set off the prosecutor in Pelosi's DUI case, with the Democrat cutting a plea deal on Tuesday; his legal team brokered the agreement so Pelosi would not have to appear in court Tuesday or Wednesday, Geragos said.

Despite Pelosi benefiting from the glossing over of a relevant fact, the legal proceedings against him were otherwise relatively fair, Geragos explained.

His lawyer would argue that Pelosi should not be expected to do field sobriety tests directly after being in a major car accident at 82 years old, he added.

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The other driver in the accident is officially considered the victim as a result of the plea agreement and was paid by the insurance company for his car, Geragos said.

Besides that payment, compensating an injured person in a misdemeanor case is not illegal, he added.

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"And it depends on what the amount is, I suppose. But the insurance company could pay for the car, and that doesn't stop you from writing a check."