Woman gets 10 years for DUI conviction

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Posted on Dec 11 2004
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In a strong message against drunk driving, Superior Court judge David Wiseman on Friday handed down the maximum 10-year prison sentence against a woman who was convicted of homicide by vehicle and driving under the influence of alcohol.

Wiseman, however, suspended the 10-year prison term for the vehicular homicide conviction, except for three years, giving credit to the 61 days Micheline West Brel had already served in jail. He also recommended to the executive branch to allow the defendant to be admitted to work release so she could make restitution payments to the victim’s family, as well as fines and payments to the court.

For Brel’s DUI conviction, the judge imposed the maximum one-year imprisonment term and $1,000-fine, suspending the woman’s driver’s license for one year.

Wiseman also tasked Brel to perform 200 hours of community service, which would involve delivering public lectures at various schools.

“The lectures at schools and other community groups to be identified by probation and under probation office direction, [will serve as a venue for Brel to] express her remorse for her criminal conduct and articulate to the students in attendance how her convictions and sentence have affected her life and future plans,” the judge said. He also ordered that Brel be evaluated by the Community Guidance Center to determine if she needs counseling or treatment.

Brel was convicted of homicide by vehicle and DUI last Aug. 31, after the defendant entered into a plea agreement with the Attorney General’s Office, which was represented by prosecutor Grant Sanders.

“The message and mandate is clear to get tough and tougher with driving under the influence of alcohol offenders because the alcohol-related fatalities and injuries are taking their toll on our small community and cannot be tolerated,” the judge said.

He said public perception is an integral part of sentencing convicted criminals, noting the Babauta administration’s strong campaign against DUI.

Statistics showed that 47 people in the nation are killed every day—or one person every 30 minutes—due to alcohol-related traffic accidents, the judge said, adding that such accidents also result in one non-fatal injury every two minutes.

“It is also unfortunate that our small community is adding related deaths and injuries to those statistics,” the judge said, “There simply cannot be the slightest tolerance for irresponsible drinking and driving which adds to the given statistics mentioned. The proverbial message to the community must be sent and as loudly and frequently as possible.”

Brel figured in a traffic mishap while intoxicated, fatally hitting a pedestrian and leaving the crime scene. She did not stop her vehicle to check on the condition of the victim, nor render assistance.

At the time the accident happened earlier this year, Brel was on probation on a previous DUI conviction in connection with another traffic accident last year.

“In that previous case, she was intoxicated, drove a vehicle, crashed into another vehicle, and left the scene of the crash,” narrated Wiseman. “She was convicted, served four days in jail, had 26 days suspended and was placed on probation for one year.”

The judge revoked that probation and ordered Brel to serve the remainder of her 26-day sentence, but he said the prison term would be served concurrently with the sentences for the vehicular homicide and DUI convictions.

The court, however, recognized Brel’s remorse, noting that she voluntarily turned herself to authorities later. It also noted Brel’s sincere regrets and acceptance of responsibility and the statement of several friends and family members that she has been on the road to rehabilitation.

“For the court, however, rehabilitation is only one of the factors that a court must consider in sentencing because sentencing is not really what is good for the defendant, but rather what is best for the community in the sense that such criminal homicides against the people of our community be deterred from occurring,” the judge said.

“As a result of her conduct, the defendant has deprived the victim’s family of a father, husband, son, emotional support, and has brought upon the victim’s family financial hardship. She has also deprived the victim’s wife and son of companionship and the victim’s father and son of medical treatments and education,” he added.

The judge directed Brel to maintain full-time employment during her probation so that she could pay restitution to the victim’s family.

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