"Representative seeks harsher punishment for first-time DWIs"
There are people being charged with driving while intoxicated constantly and it is not uncommon, which is extremely alarming. I found a particular story about a couple fatally struck by a drunken driver that is heart-wrenching and sickening both at the same time. Representative Bill Callegari had some personal interest in this couple's untimely deaths since it was one of his constituents, Todd Levin and his girlfriend. With Todd's parents Carol and Stu Levin, he has authored the Todd Levin Memorial Act, they all three discussed in a public hearing before the House Committee on Criminal Jurisprudence. “Todd was a constituent and a family friend,” Callegari said. “I was shocked and saddened to learn of his death caused by a drunk driver. Since that time, I have been inspired by the dedication of Carol and Stu Levin, Todd’s parents, to work toward the goal of eliminating the problem of drunk driving that plagues our state.” Representative Callegari is proposing stiffer laws for first time offenders and pushing for a special type of ignition lock to be mandatory after their first conviction. It is called an ignition interlock device, and includes a Breathalyzer attached to measure the driver's alcohol concentration through their breath before allowing the driver to start the car. This would deter drunken driving, however, it has been mentioned that there are ways to bypass this. An intoxicated person could have their sober passenger or a child fool the Breathalyzer into thinking the actual driver is not drunk and they're able to start the car anyway.
Texas' current law definitely does not have strict enough disciplinary actions when it comes to persons committing this crime and especially for the first offense. While eight other states' lawmakers in our country have already ordered that all drivers convicted of driving drunk have ignition interlock devices installed in their vehicles after their first conviction; Texas lawmakers have not followed suit, but hopefully they will at least enforce stricter laws than their exisiting ones. Unfortunately, our state is not known for being consistent across the board with the offenders whether it is their first time or their tenth time. Additionally, this specific article states that under our current law in Texas that second and third time DWI offenders are required to have an ignition interlock device put into their cars, as well as the offenders with a blood alcohol concentration level equal to or greater than 0.15 when arrested. However, I have known repeat offenders that have never had these devices in their vehicles at any time. Rep. Callegari and statistics have proven that close to one-third of the above mentioned drunk driving citizens are repeat offenders in the state of Texas. This measurement is substantial when considering that these people have prior convictions. The inconsistency in how these individuals are penalized is the primary explanation for their repetition. If the consequences were much harsher initially, the persons convicted of drunken driving the FIRST time would be more likely to remember what will happen to them if they commit the crime again. Most intoxicated drivers that are discovered and pulled over by police will probably get arrested, but will likely receive a "slap on the hand", maybe an AA course (while somewhat helpful -- will not eliminate their desire to drink and then end up driving), and possibly a side order of community service or probation. This is a completely foolish procedure because IF there is a next time, an innocent person or family may lose their lives because of their self-centeredness. By the time the DWI punishment has been dealt with or completed, they've forgotten or never have realized what the major issue is with drinking and driving. Many innocent lives are lost each year from accidental deaths by drunken driving.
According to the Mothers Against Drunk Driving organization, our state ranks 45th in DUI-related traffic deaths. While this doesn't seem too awful to be 45th out of 50 states, any death caused by a person's disregard of others and endangering their lives by driving under the influence of alcohol or other substance is far too many. I am an avid supporter of Mothers Against Drunk Driving and concur with all they stand up and fight for whole-heartedly. Life is delicate and for something so deliberately irresponsible to have such minimal punishment by the law is inexcusable. In order to stop the unnecessary deaths of these innocent people, the laws must be enforced consistently for every single offender the first time and every time thereafter regardless of the circumstances.
Article: "Representative seeks harsher punishment for first-time DWIs"
By: William James
Published: 4/13/11
http://www.dailytexanonline.com/
To all the people who have lost loved one's to this tragic offense, I pray blessings on you and your families!
ReplyDeleteI am in total agreement with my colleague about this issue.!!! My husband and I had to get the heart-wrenching call from a close friend that had been hit by a drunk driver. It was about 2am, the phone rang and it was my friend's daughter calling to tell me her mom, dad, and little brother were being rushed to Brackenridge Hospital. They had enjoyed a beautiful Saturday afternoon. They had dropped their son off to play with some friends. Around 8pm that night, they were sitting at the stoplight at 183 and Duval Rd.(Did I say sitting at a red stop light)...oh ok. The light turns green... They proceed.. BOOM!!!
When suddenly out of nowhere a huge white Suburban Yukon runs his red light and hits their vehicle on the left side. The impact causes the car to skid across the highway and hit a gas pipline and flip onto the property of 3M. My friends.... Michael is driving, his wife Panchita is in the passenger seat, and their little boy in the back seat. The car was totalled as you can imagine. My friends end up in ciritical care together as husband and wife. Side by side in adjoining rooms. When we get there, Michaeal has broken ribs and a broken left leg, broken collar bone, and swollen tissues in his face. Panchita is on a ventilator, in a coma, broken legs, internal bleeding, and swelling on the brain. I was devastated!!! I leave to find out where their child is because he is only 5yrs old during this time. He is being treated for bruises, but ultimately he has no broken bones. He was sitting behind his mother. She took the most powerful blows to her head. According to the physician, if she was not in the front seat Rayshard may not be alive today. Also, because she was in the front seat, when the car hit the gas pipeline it curled around the pole and Panchita's head was rammed against this pipeline.
ReplyDeleteFast forward six weeks later, my husband and I drove to pick Micheal up. He was released from the rehabilitation facility. The doctors said he was in impeccable tip top shape. He was just released from active duty in the military, so he was in great shape. Their son, Rayshard was released weeks earlier with a sprained arm, and few bruises. Panchita on the other hand was now completely paralyzed. She can no longer walk, talk in complete sentences. She lost her eyesight in her left eye. She lost complete use of all her body functions. The impact was so hard on her brain that she could no longer make decisons for herself. Today, Panchita is in a nursing facility. She was 40 yrs old when the accident took place. Their son,Rayshard just graduated high school and was accepted to the University of Buffalo in NY. She was never able to see her son grow through school. Her husband, Michael became a single parent immediately. You can only imagine the transition this family has gone through. She prayed for me to have children one day. I would go and visit her often. While I was there I would read, talk and brush her hair. Even though she could not talk back, I knew she could hear me. I would tell her how Ray was growing, she would try to smile through her head brace.
ReplyDeleteWhen I found out I was pregnant with my son, I would go to feed her and put her hand on my belly. When I delivered him, I would take him to the nursing home to visit her. When the holidays come ,I have always gone and put a Christmas tree and decorations in her room. Every holiday ,I also would cook her favorite foods, since the food has to be extra soft, I would put it in the blender or smash it as fine as I could get it.
She is still in a nusring facility today in Austin. Her husband had to live life without her. He is torn because, God allowed her to live, but in seperate places. He chose not to divorce or leave her. He was 30 yrs old when this happened.
ReplyDeleteNow, the drunk driver that hit them that night was a 21 yrs old. He had just gotten a promotion in the Construction business his family owned. The truck was his new company perk. He was with a few of his boys for a night on the town. They had been drinking at dinner to celebrate when he ran the red light and hit Panchita's car.
The result's.... he got some jail time about 9 mos. Panchita lost her life as she knew it. Being a mom and a wife. She is totally dependent for her daily care. She has nurses around the clock for her care. Their famliy was torn apart that night. The driver on the other hand was given a second chance to be responsible and walk away. He is young and able to forget that tragic scene, but the nightmare for Michael and Ray go on daily.
I was changed forever when I realized my friend would never be able to go home. I am totally in favor for Strict laws and legislation regarding Drinking and Driving. We have to do better job protecting the innocent lives that are left to deal with this horrific tragedy.