You might not remember Scott Hewitt, but Pat and Bob LaNigra certainly do. Pat is the mother of Tina Turcotte, the 40-year-old woman who was killed on July 29, 2005, when her car was rear-ended by a tractor-trailer truck driven by Hewitt on the Maine Turnpike.
The tragic loss of an innocent life was in itself horrific, but then it was learned that Hewitt had a driving record that was literally longer than his arm. Even more frustrating was the fact that Hewitt’s driver’s license was actually under suspension at the time of the crash. In other words, he wasn’t even supposed to be driving the day his 18-wheeler crashed into Tina’s small car and took her life.
Hewitt’s driving record included 63 convictions, 28 license suspensions and an involvement in a 1994 highway fatality. At the time, I was the Senate chairman of the Criminal Justice Committee, and it became obvious that our penalties for habitual offenders in Maine were too lenient and lacked consistent enforcement. Unfortunately, it took a horrendous highway fatality to bring the reality of the outdated laws and penalties to light.
As Pat LaNigra said after her daughter’s death, “Someone’s not doing their job. The laws aren’t strict enough.”
At the time of Tina’s death, Maine had 985,000 licensed drivers, including 22,000 licenses under suspension. Even more concerning was the fact that 44,000 Maine drivers had their licenses suspended between five and nine times and 15,000 drivers had been suspended between 10-15 times. What was the most shocking statistic? There were 8,000 drivers whose licenses were suspended more than 15 times. Fifteen suspensions means some of the most dangerous drivers got their licenses back at least 15 times.
Why did our motor vehicle laws go from tough to lenient? Ironically, many suspended drivers convinced legislators that they were the “victims.” For example, habitual offenders argued that living in a rural area requires a driver’s license to keep a job that the family depends on for their livelihood. Or, the offender has learned his lesson and doesn’t drink any more (trouble is, he probably doesn’t drink any less) – and on and on it would go.
Legislators are conditioned to fix their constituents’ problems, so when they get pleas for help, such as, “Unless I get my driver’s license back I’ll lose my job and then we’ll lose everything including our house – you’ve got to help us,” they feel compelled to act. That’s how it starts, followed by the legislator introducing a new law that creates loopholes making it easier and quicker to get a suspended license reissued.
Often, the victims who were either killed or seriously injured are forgotten and left out of the debate. What’s most frustrating is knowing full well that by allowing these dangerous drivers back on the road, we will create more victims.
A study reported in the Insurance Journal found that the chances someone will die in vehicle crashes involving suspended drivers is six times greater than legally licensed drivers. Suspended drivers are 10 times more likely than legal drivers to have been using drugs or alcohol at the time of a crash. This isn’t rocket science, it’s obvious what needs to be done.
As a result of the new awareness, in 2006 the Legislature passed what was known as “Tina’s Law,” which increased penalties for habitual offenders, including mandated jail sentences and higher fines. The original proposed law was weakened during the process by those lobbying on behalf of the suspended drivers. However, as the cosponsor of “Tina’s Law,” I’m convinced it was a start in the right direction.
Now jump ahead to Aug. 2, 2013, where 56-year old David Labonte is accused of driving his vehicle into a family riding bicycles, killing Jamerico Elliott, 52, and critically injuring his 17-month-old son, Lavarice Elliott, who was riding on the back of his father’s bike. Lavarice’s mother, Melodie Brennan, was also injured, suffering a broken ankle.
According to news reports, Labonte’s blood alcohol content three hours after the accident was 0.15, nearly twice the legal limit under Maine law. Labonte’s driving record shows that he has four prior OUIs and he was driving with a conditional license that mandated a blood alcohol content of zero.
Once again, we have a repeat offender accused of causing the death of an innocent victim and seriously injuring others. Pat LaNigra was right when she said Maine laws aren’t strict enough. The time has come for bold action. We need a lifetime revocation law instituting a permanent loss of driving privileges for the most dangerous drivers. Innocent families on Maine roads deserve protection from high-risk, reckless, habitual offenders who have a high percentage of causing fatal and serious-injury crashes.
Whether it’s Tina Turcotte, Jamerico Elliott or hundreds of other innocent victims, it’s time the Legislature said enough is enough. If they don’t, who’s next?
Bill Diamond of Windham served as District 12’s senator from 2004-2012, and is also a former Maine secretary of state.
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