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BIDDEFORD — On Aug. 2, 2013, David Labonte allegedly drove his truck into three people on bicycles, another vehicle and a building. Police believe alcohol was a factor.

A new law that goes into effect on Friday was in part motivated by the accident. The measure will hold drivers who have multiple arrests charging operating under the influence, like Labonte, more accountable.

The collision last year resulted in the death of one man: Jamerico Elliot, 52, of Biddeford, who was riding a bicycle, died on Aug. 7 from the injuries he sustained. Also injured were 1-year-old Lavarice Elliot, who was in a car seat attached his father’s bike, and the boy’s mother, Melodie Brennan, 31.

Labonte, 56, of Biddeford, was charged with manslaughter and operating under the influence, among other charges. He had been convicted of operating under the influence four times, dating back to 1983 and including two instances in 2006.

At the time of the 2013 crash, he was driving with a conditional license, which didn’t allow him to have any alcohol in his system while driving. But Labonte didn’t have enough OUI convictions within a 10-year period to lose his license. Until the new law takes effect, prosecutors can only look back 10 years for OUI offenses.

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Rep. Time Marks, D-Pittston, the sponsor of the bill and a retired Maine state trooper, said the Labonte case was part of the reason he pushed for the new bill’s passage.

“This law cracks down on the worst drunk drivers on our roads. It takes significant steps to hold the most serious repeat offenders more accountable,” he said.

The new law addresses the “look back” or “wash out” period that applies to OUI convictions for purposes of determining whether a driver is prosecuted as a first-, second-, third- or subsequent-time offender.

Starting Friday, there will be a lifetime look back for felony OUIs, meaning that prosecutors could consider those convictions when they make decisions on how to charge someone.

The measure was passed in May, when the Legislature overturned Gov. Paul LePage’s veto of the bill.

“I’ve never understood why these serious crimes are forgiven, especially when some states never clear OUIs from a driver’s record,” said Marks, a member of the Criminal Justice and Public Safety Committee.

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In addition to manslaughter, Labonte is charged with one count of felony operating under the influence causing death, Class B; two counts of operating under the influence, Class C; two counts of aggravated assault, Class B; three counts of reckless conduct, Class C; two counts of aggravated criminal mischief, Class C; and one count of misdemeanor assault, Class D.

According to an affidavit filed with the court, lab results taken several hours after the accident showed that Labonte’s blood alcohol level was 0.15 ”“ nearly twice the legal limit. A blood alcohol level test taken earlier at Maine Medical Center in Portland showed an even higher blood alcohol level of 0.17.

Labonte is being held at the York County Jail in Alfred on $100,000 personal cash bail. He has pleaded not guilty.

A trial date has not been set.

— Staff Writer Dina Mendros can be contacted at 282-1535, ext. 324 or dmendros@journaltribune.com.



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