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
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