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SUNDAY • AUGUST 14 • 2011
New DUI law tougher, but loopholes still exist
LONE STAR LAKE
Tonganoxie man, 30, drowns By Aaron Couch acouch@ljworld.com
KANSAS’ NEW DUI LAW PENALTIES
ONLINE: See the video at LJWorld.com
The law has been in effect since July 1: ● First offense: Misdemeanor, 30-day license suspension, ignition interlock for remainder of a year, two days to six months in jail or 100 hours of community service, $1,000 fine. ● Second offense:
Misdemeanor, 45-day license suspension, ignition interlock for one year, $1,250 fine. Must serve at least five days in jail.
● Third offense:
Misdemeanor, 45-day license suspension, ignition interlock for two years, $1,750 fine, 90 days to one year in jail. Will be charged with a felony if offender has had one other DUI in the past 10 years.
● Fourth offense and above:
Felony, 45-day license suspension, ignition interlock for three years, 90 days to one year in jail, $2,500 fine.
Offenders must petition court to be eligible to drive after the 45-day license suspensions for second and above convictions. Any DUIs committed prior to July 1, 2001, do not count toward an offender’s total. Nick Krug/Journal-World Photo Illustration
A 30-year-old Tonganoxie man died while he was swimming about 75 feet offshore at Lone Star Lake in southern Douglas County, said Douglas County Sheriff spokesman Sgt. Steve Lewis. Divers were called to the scene shortly before 11:30 a.m. and the man, identified as James Nicholas Owens, was pulled from the lake about 3:45 p.m., Lewis said. Lewis said Owens was swimming with friends who immediately noticed he did not come up after going under water. The friends then called for help. Brooke Crews was nearby on an inflatable raft when the man went under. She heard teenagers calling for help and yelling for someone to dial 911. She said she didn’t think the teens knew the man but saw they were trying to save him. “I ran my raft over there to them,” Crews said. She saw teens using flotation devices to try to rescue Owens. She said that at one point, Owens grabbed onto one of his would-be rescuer's legs, and in his panic began to drag the teenager down with him. This forced the teen to let go of Owens to prevent being pulled down with him. “They started diving for him until the emergency crews showed up,” Crews said. Rescue crews from the Douglas and Jefferson county sheriffs’ offices, Lawrence-Douglas County Fire Medical and other area agencies used boats and divers to search the water. Douglas County Sheriff Ken McGovern encouraged swimmers to follow safe practices, such as novice swimmers taking lessons and wearing life preservers. He also urged swimmers to be aware of unfamiliar environments. Lone Star Lake, he pointed out, gets deep fast. “It goes from calf-deep all the way to 15 feet in just no time,” McGovern said. This is the second incident at Lone Star Lake this summer. A boy drowned at Lone Star Lake on July 2.
Central database, tougher What a DUI stop, penalties can’t keep all arrest looks like Late-summer vacancies ‘odd’ T drunken drivers off streets
— Reporter Aaron Couch can be reached at 832-7217.
By Shaun Hittle sdhittle@ljworld.com
In 2008, a Wichita mother and daughter were killed by a drunken driver as they walked to school. The driver, Gary Hammitt, 57, was still on the road despite having four convictions for driving under the influence, or DUI. The incident spurred two state-sponsored commissions and led to a new DUI law that went into effect July 1. But Hammitt’s DUI history could be considered paltry compared with some drivers booked into Douglas County Jail last year. A Journal-World investigation identified 18 people booked into Douglas County Jail in 2010 for their fourth or more DUI charge; there are drivers cruising local roads every day despite six and seven DUI arrests. Then there’s 56-year-old Baldwin Cityarea resident Randolph Holder.
Since 1977, Holder has been convicted of DUI at least nine times, most recently in March, though that case is being appealed. Covering a span of 34 years, Holder has been jailed, fined, placed under house arrest and had his license suspended and revoked. But nothing has kept Holder from driving drunk. Holder — who, along with his attorney, declined comment for this report — isn’t alone in the state, said Mary Ann Khoury, director of the DUI Victim Center of Kansas in Wichita. “We’ve seen 18, 19, 20 (DUI convictions),” she said. Holder’s case highlights some of the problems the new DUI law tries to address. But will the new law keep drivers like Holder off the road?
o understand what it’s like getting pulled over for driving under the influence, Douglas County Sheriff’s Deputy Richie Labahn and I simulated the process. Labahn, a patrol deputy, flashes his lights behind me on a side road near the jail. It’s about 6 a.m., and a couple of interested walkers look on at the potential trouble on a quiet street. Labahn approaches my Ford Focus. “License and registration,” says Labahn, who’s all business. “Is this a current address?”
Please see SOBRIETY, page 6A
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!!!"#$!%&#'"(%) See videos of reporter Shaun Hittle going through a DUI stop, installing an ignition interlock device and using an interlock device, all at LJWorld.com
Please see DUI, page 2A
for rentals
By Aaron Couch acouch@ljworld.com
If you take a drive around Lawrence this weekend, you might notice more “For Rent” signs than you’d expect to see in August. Even prime spots for students have rooms for rent. “This will be my first year that I’ve had a vacancy,” said Quinn Miller of Second Wind Management. “It’s been an odd month.” Miller has been managing properties in Lawrence since 2007 and noticed last year the renter pool seemed smaller. Then, he didn’t fill his last spot until July 31. This year, Aug. 1 has come and gone and he has yet to fill five of his 37 spots. Last week in the neighborhood north of Memorial Stadium, where Miller still has a house to fill, there were seven “For Rent” Please see RENTAL, page 6A
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