2 Strikes? 4 Strikes? 6 Strikes? More? May 1, 2008Posted by Attorney Jonathan Groth in Personal Groth.
Tags: car accident, Drunk Driving, punitive damages, wrongful death
Who in Wisconsin’s Legislature is tough on drunk driving? I’d like to know.
Personally, I don’t believe someone should be given the opportunity to cause a car accident after numerous convictions for drunk driving. Isn’t that just common sense? I think I am in the majority of public opinion on this issue. Aren’t I?
If the majority of Wisconsin’s citizens agree then why doesn’t the Legislature do something? Why let a drunk driver back on the road after numerous convictions? Why not take him out of society? A place called prison.
I admit this post is chock-full of indignation. Recently, in Oconomowoc (Waukesha County) a “Doctor” (former M.D.: he had his license pulled for drug abuse and writing fake prescriptions) was driving while under the influence of Oxycodone, Ambien and Xanax and killed a teacher, her young daughter and her unborn child, not to mention sending others to the hospital with injuries.
The Journal Sentinel uncovered that Mark Benson had a history of driving while intoxicated dating back to 1993. In fact, he was in court for drunk driving just a few days prior to the vehicular homicides.
Also, Mark Benson did NOT have auto insurance OR a license [UPDATE: 9-26-08 According to Mark Benson’s brother he DID have insurance]. So, I ask again, who in the legislature is tough on crime? Will this finally be the wake up call to put drunk/intoxicated drivers behind bars?
Sadly, because the criminal system failed, the only solace for the victims of this collision may be in civil court. The criminal court system failed by not putting Mark Benson in prison, now the family of the victims will only be able to get monetary compensation for the loss of their loved ones. Hopefully, they will hire a personally injury attorney that IS tough on drunk drivers and does everything in his/her power to punish Mark Benson. If anyone asks why there is a need for punitive damages just point them to this case.
Maybe … hopefully a Judge will put Mark Benson behind bars and he will pay his debt to society. Hopefully, someone will take Mark Benson to civil court so he pays his debt to the victims.