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Fatal Crash That Kills Mother, Daughter Has Many Demanding Change For DUI Laws
The man accused in a tragic crash that killed a four year old girl and her mother Wednesday is behind bars, but his history of run-ins with the law and alcohol have caused an outcry in the community. Reporter: Natasha TrelfaEmail Address: natasha.trelfa@kake.com |
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Posted by: Mike
Location: Kansas
on Oct 6, 2008 at 12:53 PM
The fact is he is a habitual criminal.The only way to stop him from driving is to NEVER let him out of jail.No laws or restrictions will ever be a deterrent for this criminal.If he is released from jail he WILL drive again.If he is released from jail he WILL drink again.If he is released from jail he WILL drink and drive again.This criminal has showed total disregard for the law and ALL restrictions put on past release/probation/parol.An investigation should be conducted to find out where he consumed all this booze.If he was in a local drinking establishment they too should be held responsible.
Posted by: sherry
Location: wichita
on Oct 6, 2008 at 10:43 AM
What is wrong with our system? Gary Hammit should have been put away along time ago. People who drink excessively don't learn from a couple of DUIs. The innocent just are not protected anymore. Trust me, I know.
Posted by: Anonymous
on Oct 6, 2008 at 04:03 AM
alcohol should be outlawed just like weed. it's sad, you can have all these dui's, but it you smoke joint of weed you go to prison for more time then a child molster. our laws are so messed up. if weed is ilegal then drinking should be also.
Posted by: Anonymous
on Oct 6, 2008 at 01:20 AM
Did anyone see the story where the woman he lives with said he's a careful driver, sometimes overly carefull. GIVE me a break he is a drunk and even worse he drives while he's drunk oh and I agree about the parole thing. That needs to change to
Posted by: lizzie
Location: wichita
on Oct 5, 2008 at 07:59 PM
Only when an immigrant from another country commits a dui, it is chaos and deportation for them. But when people with a DL commits a dui, it's "here's your license go ahead and do it again" Just saying.
Posted by: Anonymous
on Oct 5, 2008 at 04:36 PM
Read the article on Kansas.com today, he had 4 prior convictions.
Posted by: Anonymous
on Oct 5, 2008 at 04:31 PM
Christina, this was not his first DUI. According to his KDOC record he went to prison in 2003 for his 4th or more DUI conviction. In Kansas your first 2 DUI's are misdemeanors, and all subsequent are felonies. You dont go to prison for misdmeanors. He has had at least 3 prior convictions for DUI.
Posted by: Kelli
Location: Wichita
on Oct 5, 2008 at 03:22 PM
Having been a forgotten victim of DUI's or alcohol related incidents...I don't think that people themselves can change...my own sister was a victim of a drunk driver in the 1980's, my first husband was killed at the age of 33 by drunk driving (only he laid in a nursing home for 3 and a half years as a quadrapalegic before finally succumbing to his injuries in the year 2001-2004!!! I have watched more people that I love and care about get hurt by alcohol in one way or another my whole life...I am now 40 years old and still see alcohol hurt more people than any other thing out there!!! Only GOD can change a person and deliver them from their addictions!!! My prayer is that the families in this can all find it in there heart by GOD'S grace and mercy to forgive and that somehow GOD will be glorified and the laws will be changed for NO tolerance period!!! for drinking while driving...I say this from being delivered from the addiction myself and to only GOD be the Glory!!!
Posted by: christianna
Location: wichita
on Oct 5, 2008 at 12:30 AM
Anonymous @ 4:00pm thank you very much for that information and after being able to verify that I do willingly retract the one statement as to this this may of been his first DUI. This man should have lost his driving privileges long ago and permanently.
Posted by: Anonymous
on Oct 4, 2008 at 04:00 PM
Christianna and all others check out http://www.dc.state.ks.us/kasper enter his name in the search, you can see his history and his "official news" of his 4 prior DUI convictions the latest being in 2003
Posted by: Christianna
Location: Wichita
on Oct 4, 2008 at 12:43 PM
Ok everyone we need to stop and think for a few minutes. First let me say I agree Drunk Driving is a serious problem. Yes my heart goes out to the victims this week. Yet I noticed something in this story that bothered me more than just his drunk driving. The FACT that he had been paroled 15 TIMES AND VIOLATED 15 TIMES! As I understand parole is a privilege for good behavior and such, now were did the parole board do us any favors? As to changing the laws I am all for that however that would not of stopped this crash this time as there is no official news that he ever had DUI before. As to some people commenting here that we should reinstate Prohibition I would suggest you reread your high school history books and remind yourself as to why we repealed Prohibition. It had a lot to do with the bootleggers organizing and starting crime syndicates. Now do I think that this person is a waste of air, most definitely.
Posted by: JD
Location: ICT
on Oct 4, 2008 at 10:09 AM
Alcohol is for losers who have no respect for themselves, no discipline and lack the will power to keep an inanimate object from making them it's slave. People who drive intoxicated show no respect for others.
Posted by: Dan
Location: NW Wichita
on Oct 4, 2008 at 09:05 AM
Poeple have to be responsable for their action,no excuse here,he knew he was a drunk and he has been convicted in the past,he was fully aware of his actions. He needs the death penalty,and have it take place in 2 weeks after Trial instead of having to milk the tax payers for the next 15 or so years. The way the system is now,he will go to prison,get all new Teeth,maybe a Medical Degree any medical treatment that a law abiding citizens can not afford to get. I hope his life is a living hell from this day forward till he finally dies. People like this do not belong in the public. They said he was unemployed,well looks like the tax payers was supporting his drinking with his Government assistance. Kansas needs to set an example for the rest of the country here,lets get tuff on these fools. In Texas this guy would be in real bad trouble,plus he would get the bill for all the emergency equpiment and crews that responded to the accident. Lets get tuff and lock these fools up!
Posted by: yesenia reyes
on Oct 4, 2008 at 01:50 AM
this is reaaly mess up this stupid guy should get the death penalty for being a drunk addicted he killed to innocent people he desrves to be dead or life in prison !!!!!!!!!!!!!!!!!!
Posted by: c
Location: wichita
on Oct 3, 2008 at 11:37 PM
to the person that commented that went by continued.you sound like your trying to protect this jerk how can u respect this drunk by calling him MR. hammit
Posted by: Annie
on Oct 3, 2008 at 05:40 PM
FIRST of all it is NEVER okay to drive when you've been drinking, didn't you people pay attention in DARE class. I don't care if you think that you aren't drunk, you are still inebriated. One drink is one to many. There is always someone out there who will give you a ride home. ALWAYS. There is no excuse for this tragedy. And anyone who drinks and drives is placeing themselves and innocent people in harms way because "your okay to drive" Your not. Stay off the roads.
Posted by: Anonymous
Location: wichita
on Oct 3, 2008 at 05:29 PM
he will get another slap on the hand from an incompetant judge and be free to murder another loved one within ten years, That poor family lost two people who can never be replaced, a loving mother and a beautifully innocent daughter to man that should have never been on the streets to begin with. I used to dream of being a judge or fancy lawyer when i was a kid and now i have realized that they are a cowardly waste of money and time
Posted by: Ann
Location: Wichita
on Oct 3, 2008 at 04:55 PM
I agree with you, I would never go near a vehicle after even one drink, but what about all the holiday office parties where doctors,lawyers,pretty much responsible people have 2-3 and then drive? I have been to many parties where "responsible citizens" have a few, wait a while, and then drive. I guess I'm saying that in an ideal world no one would ever do it, but it seems like many people do it over and over at a lower level than this man. How many drinks is technically safe? I've personally never understood how people can go to an event then turn around and drive, but it happens all the time, and the people who do it are just never caught. (I reiterate, I personally do not even drink at these functions, I'm just confused by the double standards.) So is my friend truly a "criminal" (she never did it again) or just a criminal if she becomes an alcoholic and reckless like this man?
Posted by: Anonymous
Location: Wichita
on Oct 3, 2008 at 04:04 PM
Ann your friend is treated like a criminal because she committed a crime and WAS "wild, reckless" and most certainly "irresponible"! Do you have any idea how many wrecks are worked in this city by WPD that are caused by people like your friend? This guy, evidentley, had previous DUI's where nobody was hurt just like your buddy. There is no excuse for DUI. People that do are selfish, ignorant and put their convenience above human life. That includes your friend.
Posted by: Bob
Location: Wichita
on Oct 3, 2008 at 03:54 PM
RE: unknown Location: wichita on Oct 3, 2008 at 01:07 PM Your husband lied to you. Driving w/out insurance - $500 fine and a years probation.
Posted by: Jake
Location: Wichita
on Oct 3, 2008 at 03:49 PM
RE: Anonymous Location: wichita, ks on Oct 3, 2008 at 01:41 PM - - you are an idiot. We tried prohibition, it did not work. Just because some people cannot control their alcohol intake does not mean that all people must suffer for it. The laws do not need to be changed, they need to be enforced. 15 parole violations? Was 16 the lucky number and back to jail he goes? Well, I guess a double murder counts as parole violation number 16, hopefully he will never see the light of day again.
Posted by: Ann
Location: Wichita, KS.
on Oct 3, 2008 at 02:58 PM
This is such a tragedy. But one DUI is not always the same as another- I know a person who got one for a couple of beers driving slowly because their tail light was out, and I know people who were actually drunk. I don't agree with any drinking or driving, but I will say that there is a difference between a person who has a couple of drinks and someone who is three sheets to the wind and reckless. My friend who got a DUI for 2-3 beers has been treated like a criminal every time she applies for a job, etc. and people assume her DUI was wild, reckless, irresponsible behavior. That seems unfair. This man's actions were reckless, so he should be judged accordingly, but don't assume everyone should be "put away" for their first DUI when such vast discrepancies exist in the situations.
Posted by: Anonymous
on Oct 3, 2008 at 02:38 PM
Although I agree that this was very tragic and I agree that he should be in jail for a very long time, i am tired of reading the comments that "the city needs to change DUI policy" as one reader put ut. Its not up to the city to change anything the laws are set by the state not the city. As for the reader who said he should not have been allowed to get a license or insurance or register his vehicle, there are thousands of people right here in wichita that cant do those things and it does not prevent them from driving.
Posted by: concern person
on Oct 3, 2008 at 02:00 PM
Every state is different on DUI policy..I agree on Michelle comment.. Sometimes..A tragedy have to happen to get people attention..And what I have read and see on videos clips..This could have been preventable, by school zone..maybe street bumps, more parking space for parents to drop off kid without the danger of cars passing by..Hope the city can do something about this and make some changes before another tragedy happens again..It could have been anyone wife, mother, sister, son or anyone love one..
Posted by: relatives of victim family
Location: California
on Oct 3, 2008 at 01:54 PM
Regardless , how many DUI's this MAN already has..The bottom line , This time he killed two innocent bystanders. I know, If this man was a minority, He will be right away punished..Sometimes justice is not fair..But in the end..His LUCK has run out..Hope, this is a WAKE UP call for the city and state..My condolence to the family.
Posted by: Anonymous
Location: wichita, ks
on Oct 3, 2008 at 01:41 PM
Why doesn't Kansas and the entire country abolish alcohol. How many people have drinks at a restaurant, or go to a club after work, or for entertainment, then get into their vehicles and drive? Just about any amount of alcohol will be over the limit according to our laws, so by making it illegal this would eliminate any problems. Why doesn't the police sit outside of all clubs and restaurants that serve alcohol and arrest everyone who comes out and gets into their vehicles?
Posted by: Mary
Location: Wichita, KS
on Oct 3, 2008 at 01:15 PM
My sympathies and prayers to the family of this mother and daughter. Mr. Hammitt does not deserve special consideration for how far apart his violations were spaced or his exact BAC. It's obvious he cares nothing about consequences or personal responsibility or anything except doing exactly as he pleases. He has been able to do whatever he chooses to do. This mother and daughter, and their family, have paid the ultimate price for his choices. It's time for him to pay. It's too late for Mrs. Mijares and little Gisele, but if our judicial system does the right thing, it may not be too late for his next victim. Please, PLEASE lock him up and never release him again.
Posted by: unknown
Location: wichita
on Oct 3, 2008 at 01:07 PM
This is ridiculous! My husband got a week in prison, a month in work release, and his license was REVOKED for 3 years all for no insurance!!! This man has had several DUI's & still had a license...hum!
Posted by: Amy
Location: Valley Center
on Oct 3, 2008 at 12:05 PM
This is a true tradgedy. I really hope that this many never sees daylight again. He is a known offender, he has been given a chance to make a diffrence is society when released from jail and cont down this path of destruction. I hope they put him in Prison and throw away the key. To the family, my heart goes out to you.
Posted by: michelle
on Oct 3, 2008 at 11:57 AM
Why does somebody have to die before this stupid city says Oh we need to change the DUI policy?
Posted by: Pinta
Location: ICT
on Oct 3, 2008 at 09:53 AM
It is really sad that this family has to suffer. This family is in my prayers and thoughts this man will get what ever punishment that is handed to him not here on earth though
Posted by: Mo
Location: Wgtn
on Oct 3, 2008 at 09:51 AM
Tell me exactly how this works: This guy has a Parole Violation on August 7th, 2006. Yet his is discharged on October 17th 2006, end of sentence. How can that happen?? The system sucks!! The laws should change alright, but the 3rd offense should result in more than 5 years. That is 2 chances too many for someone to kill someone. Mandatory prison for the 1st DUI. Minimum of 2 years. Maybe that would help. Hope they fry this guy.
Posted by: edward
on Oct 3, 2008 at 09:33 AM
The laws should change so that a third offender is in jail for a minimum of five years and life if he or she kills someone. The person is just as dead whether it is a knife or gun or car. There should be penalties for judges who are letting these people go free.
Posted by: dash
Location: wichita
on Oct 3, 2008 at 09:29 AM
I say he should get the death penalty, as that is what his defenseless victims got. putting him in jail for life will only cost us tax payers that much more money. And he has proved over the years he is a useless, worthless, whitetrash waste of space. OFF WITH HIS HEAD!!!
Posted by: D
Location: Wichita
on Oct 3, 2008 at 08:59 AM
I hope this man gets longer than what the man that killed my daughter did. He got 10 yrs. He is out and living life. It makes me sick that he gets to enjoy life and my daughter does not. He should of been put to death or still in prison forever, not out of prison. As a parent of a child that was killed by a drunk driver, I hope they give this man what he deserves! By the looks of it, he has had too many chances to get his act together!
Posted by: continued
on Oct 3, 2008 at 08:52 AM
The problem with the 90 day minimum is that often times people have proactively changed their lives and gotten into treatment. They then have to uproot their entire lives to go to jail. Many of them are disabled and living on a very limited income, like disability or SSI. Because of that they don't meet the criteria for work release and so must sit in jail. I can understand everyone being upset, even outraged about this incident, but it's important to understand that every case is different. There is certainly a difference in driving .082 and .34 for example. One must also understand that our breathalyzers don't accurately measure breath alcohol either. Everyone has a different human partition ratio. They just take an average. So don't always assume the worst. Every case is not as severe as this one. If someone had a lot of DUIs within a very short period of time, perhaps that would be appropriate. But Mr. Hammit's DUIs were spaced out quite a lot. Look @ the emperical evidence.
Posted by: Anonymous
on Oct 3, 2008 at 08:48 AM
Listen, it's important to understand the current state of the law. I deal every day with people that got a DUI when they were 18 or 19, maybe another when they were 25. Here we are now when they're 40 or 50 and they have picked up a 3rd DUI. Often times DUIs aren't charged right away. They are often charged months, sometimes even years after the fact. There is no provision for those people that proactively choose to get help. There is no incentive for them to do so. The law requires a sentence of between 90 days and 1 year on a 3rd or subsequent DUI. On a 3rd DUI it requires alcohol evaluation and treatment. It also requires that a defendant attent the ADSAP program and the DUI victim's panel. On a 4th or subsequent DUI, after they serve their sentence in jail or work release they are turned over to the Dept of COrrections for post release supervision where treatment is required. On a 3rd or subsequent DUI one must serve 90 days in jail b4 probation can be granted.
Posted by: Anonymous
Location: wichita
on Oct 3, 2008 at 08:12 AM
It's all about the money if a person commits a crime there's no jail time as long as they can pay the fine's. I think the courts are more interested in the MONEY NOT PEOPLE...
Posted by: kanoklagirl
Location: usa
on Oct 3, 2008 at 07:29 AM
I say if treatment don't work and they are drinking and driving and kill someone even for the first time. Make them have to have a special license plate or something on their vehicle. saying: I'M A DRUNK AND I KILLED SOMEONE
Posted by: Anonymous
Location: ks
on Oct 3, 2008 at 06:46 AM
I say give him Life without any Food
Posted by: Mimi
Location: Wichita
on Oct 3, 2008 at 06:41 AM
It saddens me everytime I read something that talks about Wednesdays horrific tragedy. And I hope Gary Hammitt rots in jail FOREVER! Never let him out and make sure others don't follow the same distructive path. Throw them all in jail!
Posted by: H2Hummer
Location: Northaest Kansas
on Oct 3, 2008 at 06:14 AM
Someone once said "Our legal system may not be perfect but its still the best in the world" I don't think that's true anymore. Open full time DUI prisons in regional areas. Make them watch daily videos of the medical treatment, financial impacts and funerals of DUI victims, assign them projects that benefit the victims. If they come back a second time "hard labor" 3rd time Life. It that doesn't work-Send them to Cuba to bunk with Mohammed.
Posted by: Sally
Location: Dodge City
on Oct 3, 2008 at 06:02 AM
Nothing is effective short of putting these people AWAY. They will always find a way to drive a vehicle, legally or not. It's no consolation to know someone SHOULD not have been driving, or had a vehicle with alcohol detection constraints but was driving someone else's vehicle. They should be locked up for life.
Posted by: Annie
Location: Wichita
on Oct 2, 2008 at 11:28 PM
The problem with people who drink and drive is that they don't care about the laws, so what is going to keep them form driving with a suspended licence? The answer is nothing. We need to lock these criminals up. Three people I have met or know have been killed by drunk drivers in the last two years, and it needs to change. Something has to be done before someone decides to get behind the wheel of a car and "accidentally" kills someone else
Posted by: j d
Location: wichita
on Oct 2, 2008 at 11:19 PM
I am an educator and driving to work every day I have to pass through 3 school zones. At each one I am passed by speeding motorists. The local police sit in business parking lots doing whatever it is they do when if they would just park or monitor these zones a lot more, maybe these tragedies wouldn't happen. In front of my school cars zoom through because they know no law enforcement vehicle is EVER around to stop them. Just the presence of a marked police car would help. All the cars parked in the sub stations would do more good if they would place them in view. Drivers naturally slow down when the see a marked car. Seems like simple common sense. But I guess having them in the lots is more important.
Posted by: Anonymous
on Oct 2, 2008 at 10:02 PM
The system is set up to make money off of people who get pulled over for DUI's. The current laws that are in place aren't effective at all to protect public safety. You know that B-S politicians, lawyers, or law enforcement people feed you. I know several people that have went through DUI treatment programs and most of the people heading the courses say it's ok to drink but just don't drive. Ask yourself, is that really being proactive? Its a circle or people who make money and write out evaluation forms to see how your progression goes over time through your so called treatment. In the end, nothing changes. Sad that thousands die for the actions of the stupid and the inactions of the corrupt.
Posted by: f
Location: goddard
on Oct 2, 2008 at 09:41 PM
he'll get another slap on the wrist just as he has in the past thanks to the wonderful wichita judicial system but then again it's just not wichita, it's the usa's wonderful judicial system that just doesn't take dui's seriously. The first offense should be the one that puts em in jail not wait until they kill innocent people. The family of this mother and child should sue the city of wichita's judicial system for not putting him away a long time ago.
Posted by: Troy
Location: Wichita
on Oct 2, 2008 at 09:31 PM
I say give them 5 yrs. W/ min. manditory of 18 mos. & loss of license for 5 yrs. or more on 2nd DUI. Upon 3rd Conviction 10 yrs. min. maditory & NEVER get a license again. Plus NEVER be able to title a car in the state of Knnsas again. Or get auto ins. in Ks. ever. On top of the current treatment requirments. Thank you. |
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We live in a small community. Not many people around here have any ambition to change anything; especially if it disturbs any small part of their normal, daily life. Please, if any of you can give us ANY advice at all, what can we do to change this? How can we educate our townspeople, and rally together to get people like my neighbor off the streets for good? We've got children; there's children all over our neighborhood. I'll be darned if we lose our precious kids because this woman (and those just like her) continues to drink and drive!
We've known our neighbor has an alcohol problem for a couple years now. It's apparent in her screaming at us (and our children) from her porch. She's really been pushing the limits lately, so I decided to do some digging. I looked up her criminal history and she's on her FOURTH consecutive DUI, upon which she only served a sentence of less than two years. She STILL drives, but worse, she still DRINKS and DRIVES! Something my husband and I have witnessed more than once, yet she somehow eludes officers. Also noted, on her 2nd or 3rd DUI (in the state of Wisconsin), she was *choke* convicted of vehicular HOMICIDE; an accident where SHE was driving while drunk, that sadly killed her own nephew. HOW IS THIS WOMAN OUT ON THE STREETS?? Has our justice system failed so horribly that people like this are allowed access to yet more alcohol and the keys to a vehicle? Does she have to kill yet again to get locked up for good?? This is INSANE. I can only pray she'll get locked up for good.
I lost a family member to a drunk driver and know the impact this crime has. I often wondered why instead of manslaughter which is customary, why not murder in the second degree? we all know when we go out theres a potential of driving, we all know this before we leave the house what our intents are, therefore knowing there is premeditated thoughts of drinking and driving why are people getting off with a lessor charge and not charged with murder in the second degree? The man who hit my cousin got probation for hitting her in a cross walk because the da started with vehicular manslaughter. The laws need be stricter. Prevention needs to start early, and parents need to be able to show their children what would happen, its time to get tougher in all aspects of this problem. Stonger laws, early prevention, and the development of more programs. Its so tragic that someone has to loose their life in order to get something done. Stand together, write your congress...lets change the laws......
Awin, good for you! I wish there were more people out there like you. Ann, I totally agree with you! I think that if the convicted drunk drivers felt the pain as the families, then hopefully that will stop drunk driving.
A man in R. I. was just charged with drunk driving. His b/a was 0.491. He was given 1 yr probation, 40 hrs community service, 1 yr loss of DL, and had to pay $500.00 fine. I am sorry, but I don't think that is any kind of punishment. I think they should have to go with the police every time they have to tell a family that one of their loved ones just died because of a drunk driver, then they should have to help dig the graves by hand, attend the funeral(s), stand by the grave side as the family watches their loved one(s) get buried, help to fill in the graves, and then also help pay for any counseling that any family member(s) may need. They should also be responsible for ALL funeral expenses. The lawyers and judges that release these idiots should also be held accountable and also have to help pay for anything the family needs. Motels, new clothes, air plane tickets, and whatever other expenses are incurred for families to come together in such terrible times.
Awin...thanks for your testimony & Praise God that you learned from it. It is good to know that some people can learn from a very poor judgement of DUI's.
I have been on the side where I was a drunk driver and thus didnt kill anyone, thank goodness. I'm glad I got pulled over, because it has made me stop drinking. Made me think of what could have happened. I have seen what drinking does to families and have had friends killed by drunk drivers. I never want to be in that situation. I was a first time offender and lost my license for a whole year, and deserved it. Some out there do not loose their license and I don't think they learn from that. I complied with the officers and did whatever my lawyer told me to do. I have learned from my experience, but others out there, that get away with 7 or more DUI's and don't learn is just crazy. I do agree with everyone that the DUI laws aren't as strict as they could be. People should learn from their first offense, but they don't, what does it have to take for someone to listen and stop doing it?
The drunk driver that killed my only child at the age of seventeen was recently released after two years of prison time. He was sentenced to four years but got good time because Louisiana doesn't consider vehicular homicide a violent crime. All over the United States DWIS are not handled properly. In Louisiana 50% refuse to test. The penalty for refusal is loss of license and to get hardship license they would have to have interlock ignition. It seems most of them don't care if they have a license, they still drive and drive impaired. Unfortunately BIG ALCOHOL has their hands and $$$ in everything from politicians to advertising that there is only so much we can do against impaired driving. I am not against alcohol. And I know some people are alcoholics but being an alcoholic is no excuse that doesn't make you get in a car and kill people. Please contact your legislators everywhere to encourage laws to protect our families. Amanda was hit by a drunk driver at three in the afternoon.
When I was living in Virginia, there was a woman that was driving drunk. She killed the woman on the back of said bike and since she was a first time offender she got 31 years w/o the possibility of parole. I think that the state needs to be willing to throw the book at this guy and make sure HE never gets out to do this type of thing again. My thoughts and prayers are with the family.
This is a very sad situation. Jake says it best and he is correct, enforcement starts on the streets with the arrest and it needs to be dealt with swiftly in the judicial system. It makes me sick when I hear about diversion programs and plea bargains. The bottom line is DRUNK DRIVERS kill people and they should be dealt with accordingly. As a long time LEO I have testified in many DUI trials. (What a JOKE) It is a waste of time and will continue to be, until prosecutors and judges work as hard as the officers on the street do. There was absolutely no excuse for Hammitt to still be driving or for him to be a free man. The courts need to eliminate "Technicalities" , make it mandatory for a test, be it breath or blood if the officer believes a driver has been drinking. If results are in excess of the legal limit "YOU ARE GUILTY". Who cares whether an officer forgot to mark a box on a form or not. "DO NOT PASS GO" Just go directly ot jail.
We do not need more laws! We need the current ones enforced.
I have emailed my legislators in regards to this. We should have tougher laws not only for this criminal that chose to drive yet again, but where are the laws that charge the passenger that knowingly allows someone to get behind the wheel. If they are intoxicated they are just as much at fault. It appears that people want to crucify the bartenders and liquor store owners because they are an easy target when we are looking for a resolution. There needs to be a zero tolerance when it comes to these repeat offenders and their passengers.
Dram Shop is not the way to go. That's like arresting the clerk at a gun shop because he sold a gun that someone used to kill another. People should be held accountable for themselves.
I was mistaken when i stated that Kansas still possibly had Dram Shop laws. It seems that we are one of only ten states that don't. We used to have this law but in 1948 Kansas Law makers decided to let the Dram shop laws drop and went with the Kansas Liquor Control Act. I am sorry that I misspoke when I stated that we had Dram Shop Laws in the Nineties that was Dallas, Texas I was thinking of. However under the Kansas Liquor Control Act 41-715 (a) No person shall knowingly sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person who is an incapacitated person, or any person who is physically or mentally incapacitated by the consumption of such liquor. (b) Violation of this section is a misdemeanor punishable by a fine of not less than $100 and not exceeding $250 or imprisonment not exceeding 30 days, or both. However under Dram Shop Laws more could be done.
Technically you are right Mike The Bar should be charged under the Dram Shop Laws. Every Bartender in Kansas as of a decade ago was aware of this law and knew that not only could the bar be fined but so could the bartender that continued to serve anyone that appeared in their judgment to be already intoxicated. Granted it has been years since I have heard of a Wichita establishment being charged or fined under these laws. I may be mistaken that we even still have this law on the books as I quit bar tending a decade ago and quit paying attention to if that law is still around, as I don't drink or serve alcohol anymore. If it isn't then that is a shame.