Trucker’s DUI a clear cut case for stronger legislation

Tina Turcotte, a 40-year old cancer survivor, was struck from behind by a tractor-trailer and killed on July 29, 2005 on the Maine Turnpike. She was stopped at the time because of road construction. Scott Hewitt, driver of the rig, claimed he never saw the construction signs or the vehicle in front of him. State troopers gave Hewitt an alcohol test after the accident, which registered a zero alcohol level, though marijuana was found in his cab.

Still, police at the time found no evidence to charge him with anything besides nine minor traffic offenses operating after suspension, unlawful use of license, instruction permit or identification card, operating after being placed out of service, and operating while in possession of a controlled substance. They decided not to charge Hewitt with vehicular manslaughter, stating that they had no evidence of criminal wrongdoing.

During the initial bail hearing, it was revealed that this was not the first set of offenses for the rig driver. The court heard about 60 other moving violations, 22 license suspensions, and seven accidents in the previous 18 years, including another fatal one in 1994. He also had two criminal convictions in 1991 and 1993.

When newspapers began reporting this, the public immediately became outraged. Why was this driver still on the road? It was obvious that license suspensions were not deterring Hewitt from driving his tractor-trailer, intoxicated or otherwise. But the law does not have enough bite to prevent negligent, repeat offenders from getting back into their vehicles – until they are convicted of “criminal wrongdoing” such as vehicular manslaughter. With the laws they are now, Hewitt could have been let go with nothing more than the threat of more moving violations should he choose to drive again.

Lawmakers in Maine are trying to stop that from happening. Dubbed “Tina’s Law” after Hewitt’s latest victim, the proposed law would give police the power to seize and impound vehicles driven by those under license suspension. Drivers with multiple suspensions could also have their licenses revoked under the new law. Further disregard to their suspended or revoked driving status could ultimately lead to jail time.

For Scott Hewitt, the law will likely have no effect on him. On December 9, 2005 he was indicted on three criminal charges including manslaughter in the death of Tina Turcotte. New evidence and blood tests revealed that despite his claims, Hewitt was under the influence of marijuana at the time of the accident, and therefore was criminally negligent.

If you have been injured by a drunk driver or a driver under the influence of drugs, contact Jim S. Adler & Associates for a free case assessment. We are automobile and traffic law experts with more than three decades of experience getting the compensation our clients deserve to cover their medical bills and mental anguish. If you or a loved one has been hurt, don’t suffer along. Jim S. Adler & Associates can help you get your life back together financially, for better peace of mind.