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Saturday, March 06, 2010
Ind. Courts - "Judge rejects deal in man’s third OWI charge"
Updating a long list of earlier ILB entries on La Porte Circuit Court Judge Tom Alevizos, many dealing with plea agreements and sentencing, Stan Maddux reports today in the LaPorte Herald Argus:
A judge is getting tough on another suspected drunk driver after the man was involved in an accident after which he fled.La Porte Circuit Court Judge Tom Alevizos on Wednesday rejected a plea agreement offered by 29-year-old Joshua Eggert of Union Mills.
“These are the people who are eventually going to go out but for the grace of God haven’t killed anybody,’’ Alevizos said.
Eggert had already racked up at least two prior drunken driving convictions and was driving on a 10-year suspended license when he hit a vehicle in Fox Park.
According to officials with the La Porte Police Department, Eggert, while trying to pass a vehicle, sideswiped the car and kept going in his sport utility vehicle.
The driver he hit called 911 and followed Eggert until police stopped him in the 500 block of Lincoln Way.
His alleged blood alcohol level was .25-percent.
Under a plea reached between the defense and prosecution, Eggert would have been found guilty of operating while intoxicated and domestic battery as Class D felonies.
However, Alevizos took exception to a stipulation that the convictions officially go down on his record as Class A misdemeanors.
A 180-day sentence in the La Porte County Jail was called for, along with six months on work release and 550 days on probation.
“We think it’s a fair plea agreement given all of the negotiations that took place in this matter,’’ said defense attorney Kurt Earnst.
Alevizos told the defense one of his main contentions was that a misdemeanor conviction would prohibit his license from being taken away for life, something that typically occurs in cases involving defendants with at least three OWI convictions like Eggert. He pointed to fatalities being reduced by half nationwide since law enforcement began getting tough on drunken driving in the early 80s.
“The reason we have these drunk driving laws is because they’re effective,’’ Alevizos said, adding that the plea did not include restitution for the victim to cover the damage to his car and felt it should reflect his actions in the domestic battery case.
Posted by Marcia Oddi on March 6, 2010 11:09 AM
Posted to Indiana Courts