Although a man had already served time for a DUI that resulted in death in 2004, and went through DUI treatment, he was recently found guilty for a DUI again, as reported by Montgomery Media.
Montgomery County Judge Gary S. Silow said that in an effort to save others from harm, he felt compelled to send D.R., 30, back to jail after his latest DUI offense.
At court on October 12, Silow told K.R., "…This is a disease. I understand that it is. But I have to protect society as well."
Silow sentenced K.R. to serve 11 ½ to 23 years in the Montgomery County Correctional Facility. He is scheduled to report to jail on October 29. Following his jail time K.R. will be placed on probation for three years and must complete 100 hours of community service.
K.R. had pleaded guilty to DUI stemming from a June 2011 incident that occurred in Pennsburg.
As this was K.R.'s second DUI offense he faced a minimum of 90 days in jail.
Assistant District Attorney Matthew Quigg successfully argued that K.R. did not learn from his earlier DUI fatality.
Quigg commented, "…You would think that when you drink and drive and get in a car accident and kill your own best friend, that would be a wakeup call. Obviously, that wasn't a wakeup call for him."
In March of 2004, after causing the death of his roommate, K.L, 23, K.R., then 23, was sentenced to 18 to 36 months of incarceration, probation for two years and community service.
During court proceedings Quigg shared the transcripts from 2005, and read aloud what K.R. had promised the court: "I'll never play with people's lives again."
Quigg added, "That's precisely what he did in this instance. That's the risk to society going forward. He obviously hadn't learned his lesson and has gone out and done it again…"
At approximately 11 p.m. on June 7, 2011 Upper Perk Police reported that they found K.R. in a Chevrolet Malibu, parked in the southbound lane of travel in the intersection of Main Street and West Fifth Avenue.
K.R.'s blood alcohol test showed that he was more than twice the legal limit to drive, proving to be 0.20 percent.
In defending K.R., attorney Vincent A. Cirillo IV argued that his client had been sober since July of 2011 and had been treated as an inpatient and outpatient in substance abuse programs since the June 2011 DUI.
Cirillo said, "I think at that point there was a wakeup call. He has completely turned his life around since that night. He hasn't relapsed. He's pretty sincere. I know he's regretful for everything that's happened."
K.R. also attempted to defend his actions by sharing his extensive problems with drugs and alcohol. He claimed that he suffered with substance abuse – namely alcohol, cocaine, heroin and marijuana – beginning when he was 13 years old.
K.R. explained that following the DUI fatality he was "filled with this guilt and remorse and I couldn't stop. It was just too painful" and that the second DUI succinctly "changed" his life.
Fighting charges of DUI, DWI, OUI or OWI? Then you must contact a DUI attorney to help avoid lengthy jail time and high fines.