Tuesday, July 15, 2008

13 Was His Unlucky Number: A Persistently Drunk Driver May Finally Be Taken Off the Road

It's a particularly outrageous example of the system's failure to protect American lives -- and by "the system", let it be plain that I mean the egregious irresponsibility of prosecutors, judges and officials who give too early a release to drunk drivers.

Jessie James Hogan has apparently tried to live up to his notorious namesake (Thanks, Mom) by amassing a 15-page criminal history in his 46 years, including being arrested for drunken driving 13 times.

10 of those arrests have been in Missouri's St. Clair County.

In a case that is all too typical of the system's spinelessness in stopping drunk driving, Hogan has only been convicted about half the times he's been arrested. Still, his 7 convictions are plenty of evidence to any judge that this guy is an extreme danger to the lives, health and property of innocent citizens.

Yet Jessie James Hogan has served a total of...10 months.

That bother you? Then you're not going to like the revelation that one of his prison stints was for just two months -- even though he was in there on a plea bargain deal for three separate DUI charges. And that was his sixth DUI conviction!

His only other prison stretch (eight months) followed his 7th conviction.

Two months after that release, Jessie James smashed up his Mazda (fortunately, it was in a single-car crash) and was yet again arrested for DUI. This was number 12. But despite his record, the system churned out a mere misdemeanor charge! Hogan got out on bail for $300.

And now we come to number 13.

A Fairview Heights police officer pulled over Hogan's Cadillac Eldorado (not equipped, as you've already guessed, with an ignition lock sobriety device) during a routine traffic stop. Slurred speech and bloodshot eyes were bad enough to warrant sobriety tests and (surprise, surprise) Jessie James failed the tests and was arrested.

What's next? Well, there's a new law in Illinois law designed to strengthen penalties against repeat DUI offenders. A person with 6 or more DUI convictions should be charged with a Class X felony, the prison term for which would be from 6 to 30 years.

But there have long been DUI laws on the books that could have kept Jessie James Hogan from getting behind the wheel of a vehicle that he was too plastered to operate safely. No, the laws haven't been the primary problem here.

It's the system.