Changes in Erie County: Quicker DWI Convictions & One Man Who May Face 25 Years in Jail

Last Friday, I had heard that Pat Lakamp, a co-worker of mine, was working on a DWI article, but I was pleasantly surprised to see it in this morning's Buffalo News. This article proves that things are finally changing in courtrooms in Western New York. Prosecutors jobs are getting easier.

It points to a specific case - Brian Davis - who crashed into an oncoming car on July 5, the victim in that crash died two weeks later, now he could be the first in our area to be charged with aggravated vehicular manslaughter - he could get 25 years in prison if convicted. The drunk driver in my sister's case was charged with vehicular manslaughter. The difference is that aggravated vehicular manslaughter has only been on the books for the past two years. My sister's crash was 10 years ago (click here for Karen's story), so it wouldn't have been possible to charge him with the aggravated charge, but he may have been charged with it if it happened recently - that means he too could have been sentenced to 25 years in jail. He was sentenced to 5-15 years in jail, and was released this past June.

Meanwhile, back to the Davis case, he had been convicted of drunken driving five years ago and also was on parole for a weapons conviction. Two years ago, the D.A.'s office would have had to prove that Davis was criminally negligent at the time. Now after this Class B felony became effective, that burden's been lifted and they don't have to prove criminal negligence.

Not just that Class B felony - but Lakamp also points out the changes to the DWI law regarding the breath or blood test of .18% or higher - that triggers the aggravated vehicular assault or manslaughter charges and involve reckless driving, and again they don't have to prove criminal negligence.

Kudos to prosecutors like Lynn Reda in the D.A.'s office (I met her last week for the first time, and let me tell you she's dedicated to her job and to prosecuting DWI offenders to the fullest extent of the law) who are working tirelessly and quickly prosecuting DWI cases in our area.

As Lakamp clearly states in the article, fewer cases are slipping through the cracks or being given plea deals to less severe charges.

I am very impressed that cases that have taken months to get to the D.A.'s office are now taking just a week. What a difference.

As someone who fights against DWI in the community, I am happy to say that things are changing in our courtrooms, but we still have a long way to go, so the fight continues. If you'd like to contribute to this fight and to Crusade Against Impaired Driving, Inc. mark your calendar for August 9. That's when we'll be hosting the CAID Softball Tournament in West Seneca. Click here for more information.

Deanna

Eyewitness at a STOP DWI Checkpoint

We've heard about them on the news, some of us have driven through them in the past, but do you really know what goes on at a STOP DWI checkpoint?

I was able to witness one (actually two that went on simultaneously) first-hand on Friday night in the town of Evans. 17 officers from various departments - Tonawanda, West Seneca, Orchard Park, Erie County Sheriff's, and the State Police set up checkpoints on either side of the Sunset Bay bars.

It was an interesting thing to observe to say the least. For one, there's a very important procedure to follow (or the court case could be endangered) - so all officers were briefed on what to do, say, etc. at the beginning of the night. As drivers pulled through the checkpoint, they were informed of the purpose of the checkpoint, asked if they had been drinking, and most were allowed to pass.

Officers did pull over several cars and made several arrests, and I was able to witness a few of them. I can't get into the exact details of what happened here, but let's just say in some of the cases what began as a DWI arrest ended with a few more charges for the driver.

For me, this checkpoint was a step forward in better understanding the police officer's role in fighting DWI. Yes, arrests were made, but it's not yet clear how many of those arrested will be prosecuted to the fullest extent of the law. The next step is the court case, where the judge makes the final call on what will happen.

A special thank you to all the officers and STOP DWI who extended a warm welcome to Crusade Against Impaired Driving, Inc. It was a long night for yours truly, but well worth it. Not too many people get to observe something like this, and I appreciated the experience.


Deanna

What is a CRT?

A couple days ago I learned what a DWI Crash Response Team (CRT) is. This team is made up of specially trained officers who respond to serious injury or fatal DWI crashes. They diagram a crash scene using a Total Station. Their primary focus is to gather evidence and witness accounts so prosecuters can more accurately do their job. The team is made up of three people - two members operated the Total Station, or TS, while the third, the principal investigator folows up, verifies witness accounts and briefs the District Attorney's office. They are men and women who have seen the worst crash scenes and we need more of them.

On Friday, STOP DWI of Erie County held a briefing for area police to better understand what a CRT is and the necessity for more training. Some of the departments who currently have CRTs include West Seneca, Cheektowaga, Lancaster, Amherst, Erie County Sheriff's and the NY State Police. The Buffalo police department has the Total Station, but officers haven't yet been trained on how to use it. There are still several WNY police departments who need the training to get CRTs in their area.

Mike Summers is a member of the Erie County Sheriff's Crash Response Team. He said the key to this team is being able to investigate without shutting down major highways. How does the Total Station work? According to Summers, the computer system helps with the math equations so they can more accurately investigate - for example - the exact speed the car was traveling at the time of the crash. It also has a surveying tool that draws a center line, incorporates that into the computer and draws out the crash scene, the locations of the cars, and all the evidence.

Lynn Reda is an Assistant District Attorney and heads up the Vehicular Crimes Bureau. She spoke of one court case where the CRT team responded and the grand jury was so impressed by the testimony of the investigating officer that they applauded in court. Reda calls it a "wonderful tool" and says not only does it make the criminal case easiser, but it also makes a difference in the civil lawsuit as well. In many cases, the insurance companies are more likely to pay the family because these reports are so complicated and they don't want to spend the time it takes to go through all the details.

In the end, the people who benefit most from the Crash Response Team are the victims and victims' families. The CRT gives them more piece of mind that a thorough investigation was done and that everything that can be done is being done. A CRT did not investigate my sister's crash, and I'm sure that a more extensive report would have answered many of our questions that were left unanswered.

I applaud STOP DWI and local police departments for these efforts because it's things like CRTs that will help investigate and hopefully prevent future crashes.

Deanna

Good News! Bracelets Appear to Be Working

Often I get discouraged when I read about drinking and driving in the newspaper. It's often stories like crashes or accidents - some deadly - and they are preventable.

Today I'm happy to report there's some good news regarding DWI in today's Buffalo News. The bracelets that chronic drunk drivers had to wear as part of their sentence are working in Buffalo and Niagara Falls. In case you're not familiar with these bracelets, they measure alcohol through the skin and take a reading at least once an hour. The program is paid for through grants. Some of these offenders are coming from the county's newly established DWI court. I also agree with this concept, a specially designed court - established primarily to deal with drinking and driving.

According to Patrick Lakamp's article in this morning's Buffalo News:

None of the 61 offenders was arrested again for drunken driving during the program’s first year in Buffalo and Niagara Falls courtrooms. Only a handful tampered with the monitoring device or were caught consuming alcohol.

Offenders:

• Tampered with the bracelets or failed to show up in court six times.

• Failed four drug tests out of 215 given.

• Fully passed unannounced breath tests during probation home visits.

• Showed up at 95 percent of 1,007 scheduled individual treatment visits and 2,420 group counseling sessions.

• Attended 3,330 support group meetings sponsored by Alcoholics Anonymous, Narcotics Anonymous or some other group.

I couldn't be happier to see that most of these DWI offenders are following the rules of the bracelets, and I'm even more pleased that more towns are following the lead set by the two cities. Lackawanna, Tonawanda, and Lockport are all set to start the program in 2009, and Jamestown, Dunkirk, and Batavia will be following their lead later next year.

I agree with Erie County STOP DWI coordinator John Sullivan that these DWI offenders are being watched and monitored even though they're not in jail. I wonder if the offender who killed Karen was a part of this program ten years ago, perhaps that crash would have never happened.

Deanna

Too Drunk to Walk, Let Alone Too Drunk to Drive

This Niagara Falls man is a prime example of the kind of person we are working to keep off our roads. Not only is he too drunk to drive, but police describe him as too drunk to walk. Here's the link to the article. Check out the charges that he faces: felony driving while intoxicated and driving under the influence of drugs, leaving the scene of an accident, two counts of having alcohol in a vehicle, reckless driving, failure to keep right and driving without insurance.

Wonder why he doesn't have insurance? Prior DWIs perhaps?

Enough of my opinion.

We are working to keep our roads safe.

Deanna