The recent accident that resulted in the death of a man who was riding his bicycle with his family has shed new light on the issue of people with multiple convictions of operating under the influence.
David P. Labonte, 56, of 41 Cathedral Oaks Drive in Biddeford, has been charged with manslaughter and aggravated operation of a motor vehicle while under the influence of intoxicating liquor in connection with the crash. He has previously been convicted of OUI four times, according to state records.
Police said Labonte was driving north on Elm Street in Biddeford on the evening of Aug. 2 when he allegedly crossed the centerline into oncoming traffic and struck the family riding bikes, who were traveling in the other direction. He then hit a parked pickup truck and a house, according to police reports.
A few days later, Jamerico Elliott, 52, died of injuries related to the accident, in the hospital. His wife, Melodie Brennan, was treated at the scene and released. The couple’s 15-month-old son, Lavarice Elliott, remains in the hospital. He was riding in a seat attached to his father’s bicycle.
York County District Attorney Kathryn Slattery said Labonte’s blood alcohol level was taken at the hospital after the accident. His blood alcohol was measured at a level that translated to .179, she said ”“ more than twice the legal limit.
After securing a warrant, police took a blood alcohol reading about two hours later, she said. Results from the state crime lab, which were received late last week, confirmed a .15 blood alcohol level, Slattery said.
Labonte has a conditional license, due to his four OUI convictions, which means he is prohibited from having any alcohol in his system when behind the wheel.
This should be true for any driver, but it seems, unfortunately, that drivers in Maine often re-offend throughout their lives and can continue to get their licenses back, time after time.
In an article in the Journal Tribune Weekend, reporter Dina Mendros reported that the only time a license can permanently be revoked in Maine is in the case of a conviction of OUI-related vehicular manslaughter, according to Secretary of State Matthew Dunlap.
Dunlap said there is really no such thing as permanent revocation, and when a person is convicted of OUI-related vehicular manslaughter, they are allowed to petition to have their license restored 10 years after their release from jail or prison. Although the family of the victim who was killed in a drunk driving-related accident can speak at such a hearing, it seems many offenders get their licenses back and get behind the wheel again, despite their dangerous driving habits and lengthy list of convictions.
That was proven by Scott Hewitt, a man with 63 driving convictions, who killed 40-year-old Tina Turcotte. She was driving to Bangor on July 29, 2005, when she was hit by Hewitt, who was driving a tractor-trailer truck. At the time of the accident, his license was suspended.
After the accident, the Legislature enacted Tina’s Law in 2006, which imposes stricter penalties for serious motor vehicle violations and repeat offenders.
However, this law is not enough.
When people have been convicted of drunk driving more than once, there need to be stricter laws in place to keep them off the roads ”“ and if they do return to driving, there need to be safeguards to ensure they don’t drink before driving.
One of the keys to keeping habitual offenders off the road is likely to be the ignition interlock device.
Currently, those with two or more OUI convictions can, after a certain length of time, have their license reinstated prior to the end of the ordered suspension if they install and maintain an ignition interlock device, according to Dunlap. He said the devices have safeguards to make it difficult to cheat the system.
The state has three vendors currently able to install the devices, 1A Smart Start Inc., Consumer Safety Technology Inc. and Sens-o-Lock of America.
According to the Smart Start website, its Photo ID technology includes a camera module that was “developed to assist monitoring authorities supervise interlock offenders.” The camera ties photographs of the interlock user to their device, identifying who is actually taking the breath test every time they take a test or attempt to take a test. This technology can be added as an additional sanction of an offender’s interlock program, and each photo is dated and time stamped.
This kind of device and safeguard should be a requirement of anyone who has more than one OUI conviction, and not be just an option for those who don’t want to wait to get their licenses back.
The State of Maine should make this a requirement for all OUI habitual offenders to ensure these people are not getting behind the wheel ”“ at least of their own car ”“ with any alcohol in their systems.
The ignition interlock device has even been proven to keep down recidivism rates, according to state Rep. Bob Nutting, R-Oakland, who sponsored legislation to widen the amount of people who could get their licenses back early if they agree to install one of the devices.
The device is also supported by the Mothers Against Drunk Driving. The group’s spokesman, Frank Harris, told Mendros that 20 states now have some type of legislation that allow OUI offenders to use ignition interlock devices, and in 2011, there were approximately 10,000 OUI-related deaths ”“ the lowest number since the group began campaigning in support of the device.
Maine needs to be a leader in tough laws against drunk driving, permanently revoking licenses of repeat offenders who have been convicted of an OUI-related vehicular manslaughter. Permanent revocation should also be in place for those who continue to be convicted of OUI.
We urge Maine lawmakers to work on this issue to better our chances of keeping these drivers off the roads and protecting families like the Elliotts, on and along the roads.
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Today’s editorial was written by City Editor Robyn Burnham on behalf of the Journal Tribune Editorial Board. Questions? Comments? Contact Managing Editor Kristen Schulze Muszynski by calling 282-1535, ext. 322, or via email at kristenm@journaltribune.com.
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