Man's DUI sentencing no bargain for public's safety
A Butler man will serve prison time and probation and be required to comply with a number of other sentence requirements before he can put his fourth and fifth drunken-driving convictions — and two counts of driving with a suspended license — behind him.
But the law-abiding public, whose well-being is endangered by those who drive while intoxicated, can’t be completely happy that Danny M. Bragg, 36, of West Cunningham Street won’t be behind the wheel for at least a year and a half.
Because he was sentenced for the two latest convictions on the same day, the two convictions — for sentencing purposes — count only as one.
That means he could receive unwarranted leniency if he, sometime in the future, makes the mistake again of driving while drunk and is apprehended and arrested.
Since, for sentencing purposes, the law weighs more heavily the number of DUI convictions that occurred during the past 10 years, Bragg’s fourth and fifth DUIs count only as a second conviction in 10 years, rather than his second and third.
His previous DUI arrests occurred in 1996 and 1997 — both outside the 10-year time frame — and 2006. His most recent two arrests occurred in January and February of last year.
The law-abiding public who frown on drunken driving can feel some sense of satisfaction that Bragg will be in prison for 18 to 36 months followed by 42 months of probation. They can be satisfied that Bragg will be required to pay $4,000 in fines, attend a victim-impact panel and log 100 hours of community service, part of which will be time with the litter-pickup crew.
But once a person has accumulated four or five DUI convictions — whether within 10 years, 20 or more — he or she shouldn’t receive consideration that might lessen punishment later if he or she again drives while intoxicated.
Considering court costs and time expended, two sentencing sessions rather than one would be more costly. However, lumping two convictions into one could eventually work against the public’s best interests.
Besides, the additional court costs could be assessed on the person being sentenced.
Bragg should have heeded the lessons from his first DUI charges. He didn’t.
He then had the opportunity to learn from his second and third convictions — he didn’t.
With the prospect of 18 months in prison before him, maybe this time the result will be different. Maybe he won’t drive drunk ever again.
However, the law-abiding public won’t be well served, sentencing-wise, if he someday accumulates his “third DUI convction in 10 years” and he receives a sentence unlike the one he truly deserves.
