A woman involved in a DUI-related crash that critically injured three people on an Indian reservation has been sentenced to three years and 10 months in prison, as reported by the Billings Gazette.
Senior U.S. District Judge Sam Haddon sentenced E.S., 22, on June 6. The near four-year sentence is considered on the higher end of the guideline's range. She had pleaded guilty to three counts of assault resulting in serious injury and there was no plea agreement.
The victims forgave E.S., of Wyola, for the accident.
The driver of the car she slammed into, when she drove the wrong way on Interstate 90, is also the husband of one of the victims. He was not one of three that were seriously injured. The injured are listed in court as married couple F.M. and L.M., Rev. L. and B.C.
The accident occurred on the Crow Reservation at 8:30 a.m. on August 31, 2012. E.S., driving her car alone, traveled east in the westbound lanes of the interstate when she crashed head-on into the victims.
E.S.'s blood alcohol level registered at 0.235 percent – which was well above the state's limit of 0.08 percent to legally drive.
Through her tears E.S. said, "If there is one thing I could take back it would be that day, that morning. I would take it back. I'm sorry, I'm sorry it happened. I don't know what I would do if they didn't forgive me."
Judge Haddon told E.S. that the victims, who could have been killed in the accident, had exhibited an "extraordinary level of compassion" towards her that other victims would not have done. Other victims, according to Haddon, would have looked at her with contempt.
The fact remains, Haddon said, that though the victims had forgiven E.S. she was driving drunk, the victims incurred severe and permanent injuries, and she had a previous DUI conviction.
Haddon said that accountability was "absolutely required" as E.S. has been a danger to others when she makes the decision to drink and get behind the wheel.
Reminding the judge of the victim's compassion and forgiveness toward E.S., Assistant Federal Defender Dave Merchant argued for a lesser prison term of two years. Merchant said that his client had visited the three victims in the hospital and had since begun and maintained a friendship with them. Merchant said it was something he had never seen happen before.
Merchant further claimed that E.S.'s statement showed that "she always knew this was her fault."
As the Assistant U.S. Attorney Lori Suek said that DUI behavior is both "horribly dangerous" to the public and "cannot be tolerated" she asked for a prison sentence of 40 months.
Suek said she also took into account the victim's desire for a lesser sentence, however, the government is responsible to take a broader view that includes the severity of the crime, punishment, deterrence and possible rehabilitation.
Suek said, "It is not the time in Ms. (E.S.'s) life to give a lenient sentence"…instead it was time "to change her life while we still can."
Gaining the sympathy of the court, by gaining the sympathy of the victims, is not the only defense for a charge of DUI, DWI, OUI or OWI. Contact a DUI attorney to discuss your own case right away.