Posted on 08/15/2010 8:28:42 AM PDT by Abin Sur
The ninth conviction was the breaking point for one Texas judge who earlier this week sentenced a habitual drunken driver to life in prison. A Texas man is sentenced to life in prison for his ninth DWI conviction.
Bobby Stovall, 54, was driving his truck in Round Rock, Texas, in early July when he weaved through several lanes of traffic and hit another vehicle, injuring the driver. It was later determined that Stovall had a blood alcohol concentration of .32, four times the legal limit in Texas.
And while that DWI was certainly enough to get Stovall in trouble with the law, when the judge found out the defendant had eight prior DWI convictions across several different counties in Texas, he ordered up a life sentence for Stovall.
"This is someone who very deliberately has refused to make changes and continued to get drunk and get in a car and before he kills someone we decided to put him away," said Williamson County District Attorney John Bradley.
Bradley said that in addition to the multiple DWI convictions , Stovall also had a extensive rap sheet for other crimes, including burglary, credit card abuse and supplying alcohol to a minor.
"He basically walked through the penal code for the past twenty years without any regard for safety or society," said Bradley. "In every single one of his cases he had an opportunity to change."
But some argue that Stovall's sentence was too harsh and that the court should have considered his struggle with alcoholism.
"This guy has a disease, he is an alcoholic and this isn't the kind of situation where he's acting with malice to hurt people," said Lawrence Taylor, a DUI lawyer and author of "Drunk Driving Defense."
(Excerpt) Read more at abcnews.go.com ...
That’s why tragedies touch people in the positive. That said, I had a DUI in 08 and blew .14. But that wasn’t indicative of how much I of an alcoholic I was. I got pulled over going to Publix. .14 was my normal state. Sometimes we have to hit our bottom to rise up. I’m glad good came of your story.
The judge erred with *how* he sentenced him, not the sentence itself.
The answer is to use math. The perp is 54 years old, and an alcoholic, so it would be highly unlikely that he will live another 30 years. So the judge could talk to the prosecutor about adding aggravating factors, as separate charges, to the DUI charge. Then give him a *consecutive*, not *concurrent* sentence.
To start with, give him the *typical* max for DUI, say 20 years, and you’re 2/3rds of the way to an effective life sentence. Then hit him up with another five years for “reckless endangerment”, and a few more charges that equal five years or more, and there is an effective life sentence, without *calling* it a life sentence, or breaking the rules.
Likewise the judge can be very influential about discouraging the possibility of parole, even on humanitarian grounds.
Finally, the icing on the cake is even if he survives 30 years in the joint, he is going to be 84 years old, and likely the only way he could even get a vehicle again is if he steals it. By then, he will be so decrepit that taking the bus will be an effort.
I agree with your position. In many states, #3 is a felony. But besides being a financial burden, there’s no incentive not to reoffend. In Fl, the first is a second degree misdemeanor punishable by 60 days. (Trust me, personally I’m glad that’s the case). But I agree, if we ramp up the first offense punishable by 11 months, 29 days, the first would probably be less likely to occur(deterrant).
I concur, based on the fact that your probability of getting into an accident where alcohol was a causing factor doesn't rise until around 0.12% or so. 0.10 was the law in Ohio until the 90's when Clinton threatened to withhold highway funds from states that didn't lower the legal limit to 0.08%. The only real purpose of a limit that low is to enhance city revenue.
I also agree with the increased penalty concept, particularly for repeat offenders.
In the case outlined above, I was at first thinking that this was too harsh. But, looking at the entire story, I am thinking otherwise. This wasn't just some unlucky bloke that got nabbed at 0.09% 9 times because he dated the mayor's wife - this is a man with a long record of heavy drinking, sometimes causing injury to others, along with other offenses.
I would say too harsh. Ten years an no parole would have been adequate.
I love living in Williamson County. Putting the “punishment” back in “crime and punishment.” Don’t break the law here or you WILL pay.
To the south of us in Travis County they would have given him a new car (hybrid) and a box of wine.
That's EXACTLY correct...
0.11% gives a little freedom to "social drinkers" and people having wine with dinner... plus, allowing for some innacuracy in the breath analyzers.
I'm "ok with the idea of some leniency on the 1st offense.. depending on the circumstances.. especially whether or not others were injured or property was damaged. But, the penalties HAVE to become severe, quickly... I'm not willing to wait until someone DOES get injured before getting tough.
Not putting him away for life is, in effect, the death penalty, for someone else.
Nine strikes, you’re out.... or “in” in this case.
If Texas is so tough on crime, why is Texas crawling with illegal aliens?
After enough third degree felonies they cease to be third degree. He’s an habitual criminal.
I get that. I was unsure of TX statute.
I’m glad good came of yours too. Don’t ever do it again! ; )
absolutely way too harsh!
DRUNKS AGAINST MAD MOTHERS!
I’m ok ;o).
I uphold the letter of the law and also understand how sick alcoholics are. There is no easy answer and when you or a family member are victimized, punishment should be applied equally and consistently.
>>Is Life Sentence Too Harsh For Man Convicted of Ninth DWI?<<
Nope.
And it’s not about punishment. It is about protecting society. And current technology permits only one solution - permanently separating him from the rest of us.
Once they get that Clockwork Orange thingee perfected he can come out after he gets the treatment.
Whether the judge’s reasoning was based on protecting society or on deterring others, I heartily approve. Today virtually all sentencing is based exclusively on rehabilation which is why we have such unacceptable rates of murder and mayhem.
Prosecutors often charge 3rd or 4th DWIs as misdemeanors. They do this for many reasons.
If the case is hard to prove or there is some other issue with the case.
I have seen people with 6 DWIs all charged as first offenses.
“I don’t believe you’re correct...what about “three strikes” laws that result in habitual offenders getting 25 to life for shoplifting?”
And us having to pay $40,000 a year every year for the rest of their life to lock them up.
Williamson County is the last place you want a DUI in Texas. All the previous ones were in other counties. No mercy for DUIs in Williamson County.
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