Last month Samantha Hutchinson, a 38-year-old bride from Charlotte, and her new husband Aric were leaving their wedding reception in a golf cart, when 25-year-old Jamie Komoroski drove her car into the newlyweds, killing Samantha. The Charleston, South Carolina coroner determined that Samantha died of blunt force injuries. Meanwhile, the Folly Beach police found that Komoroski had a blood alcohol content of .26%, which is three times the legal limit. The circumstance of this tragic incident was sadly unique, but the result was not.
According to the National Highway Traffic Safety Administration, 37 Americans die in drunk-driving crashes every day. That’s one death every 39 minutes. In 2021, a total of 13,384 people died in alcohol-impaired driving traffic deaths, and that was up 14% from 2020.
In South Carolina where Samantha was killed, over 290 people die each year in alcohol-related crashes. Here in North Carolina, the stats are even worse, with over 420 drunk driving deaths per year. And if you really want to get steamed, consider that according to the Bureau of Transportation Statistics, 4 million American adults say they drive drunk each year, and according to the CDC, intoxicated drivers get behind the wheel no less than 112 million times per year. That means only by the grace of God are millions of motorists not dying because of drunk driving.
To their credit, national groups like Mothers Against Drunk Driving and others are making a difference in terms of education and awareness. SafeHome.org, for example, reports that 78% of Americans are aware of and concerned about the dangers of drunk driving. And here in the Triad, Daggett Shuler has prevented countless numbers of teens from driving drunk through their “Safe Sober” campaign, which is significant considering that nearly 30% of drunk-driving-related fatalities involve young drivers in their early 20s. But education and prevention alone must be accompanied by strict, consistent, and clearly-defined DWI laws.
As I’ve noted in previous columns, penalties for drunk driving are weak and inconsistent and can vary from county to county. In fact, according to M.A.D.D., over one-third of people convicted of drunk driving are repeat offenders. Translation? They get caught, they get a slap on the wrist, then, after a period of time, they drive drunk again. And it’s no wonder. According to a 2018 investigation by the Charlotte Observer, judges in some North Carolina localities only convict 10% of drunk drivers.
The problem stems from a system of guidelines that allows a judge to weigh three factors in every DWI case. Those include “Mitigating” factors, “Aggravating” factors, and “Grossly Aggravating” factors.
If a drunk driver has had an otherwise safe driving record, that’s a mitigating factor that often results in a small fine and a suspended sentence. If the driver has had two or more drunk-driving convictions within the past five years, that’s an aggravating factor that can result in jail time of from 2 days to six months. If the intoxicated driver is operating a vehicle with a revoked license and causes serious injury to another person, that’s a grossly aggravating factor that can carry a prison sentence of up to three years.
And yet, even with these guidelines in place, every judge has latitude in sentencing. Take for instance the case involving Taylor Roberts who, in 2018, was driving drunk at high speeds when he crashed his car, killing a female passenger. Taylor reached a plea deal with a Forsyth County assistant district attorney and was only sentenced to three to five years in prison. And that brings me back to Jamie Komoroski who, because she killed Samantha Hutchinson in South Carolina, could only serve a maximum of ten years in prison for DWI homicide.
The only way to prevent more repeat offenders from driving drunk and possibly killing someone is to pass and enforce stricter laws for a first offense. Beyond that, we need to make sure those laws and guidelines are consistent from county to county and from state to state. Given the current composition of our General Assembly, however, it’s not likely that such reforms would pass. That’s why I support making alcohol-related vehicular manslaughter or homicide a federal crime. Since every state receives federal funds for the maintenance and construction of roads and highways, and since drunk driving-related fatalities occur on those roads, then Congress should have the authority to pass legislation that would codify penalties and enforcement for drunk-driving-related deaths regardless of the state in which the offense occurs. Failure of any state to abide by such a congressional act would result in loss of federal funds.
As it stands now, drunk drivers are a menace to society, but so are the state lawmakers, prosecutors, and judges who allow them to continue to get behind the wheel of a deadly weapon.
DWI Death Should be a Federal Crime
Last month Samantha Hutchinson, a 38-year-old bride from Charlotte, and her new husband Aric were leaving their wedding reception in a golf cart, when 25-year-old Jamie Komoroski drove her car into the newlyweds, killing Samantha. The Charleston, South Carolina coroner determined that Samantha died of blunt force injuries. Meanwhile, the Folly Beach police found that Komoroski had a blood alcohol content of .26%, which is three times the legal limit. The circumstance of this tragic incident was sadly unique, but the result was not.
According to the National Highway Traffic Safety Administration, 37 Americans die in drunk-driving crashes every day. That’s one death every 39 minutes. In 2021, a total of 13,384 people died in alcohol-impaired driving traffic deaths, and that was up 14% from 2020.
In South Carolina where Samantha was killed, over 290 people die each year in alcohol-related crashes. Here in North Carolina, the stats are even worse, with over 420 drunk driving deaths per year. And if you really want to get steamed, consider that according to the Bureau of Transportation Statistics, 4 million American adults say they drive drunk each year, and according to the CDC, intoxicated drivers get behind the wheel no less than 112 million times per year. That means only by the grace of God are millions of motorists not dying because of drunk driving.
To their credit, national groups like Mothers Against Drunk Driving and others are making a difference in terms of education and awareness. SafeHome.org, for example, reports that 78% of Americans are aware of and concerned about the dangers of drunk driving. And here in the Triad, Daggett Shuler has prevented countless numbers of teens from driving drunk through their “Safe Sober” campaign, which is significant considering that nearly 30% of drunk-driving-related fatalities involve young drivers in their early 20s. But education and prevention alone must be accompanied by strict, consistent, and clearly-defined DWI laws.
As I’ve noted in previous columns, penalties for drunk driving are weak and inconsistent and can vary from county to county. In fact, according to M.A.D.D., over one-third of people convicted of drunk driving are repeat offenders. Translation? They get caught, they get a slap on the wrist, then, after a period of time, they drive drunk again. And it’s no wonder. According to a 2018 investigation by the Charlotte Observer, judges in some North Carolina localities only convict 10% of drunk drivers.
The problem stems from a system of guidelines that allows a judge to weigh three factors in every DWI case. Those include “Mitigating” factors, “Aggravating” factors, and “Grossly Aggravating” factors.
If a drunk driver has had an otherwise safe driving record, that’s a mitigating factor that often results in a small fine and a suspended sentence. If the driver has had two or more drunk-driving convictions within the past five years, that’s an aggravating factor that can result in jail time of from 2 days to six months. If the intoxicated driver is operating a vehicle with a revoked license and causes serious injury to another person, that’s a grossly aggravating factor that can carry a prison sentence of up to three years.
And yet, even with these guidelines in place, every judge has latitude in sentencing. Take for instance the case involving Taylor Roberts who, in 2018, was driving drunk at high speeds when he crashed his car, killing a female passenger. Taylor reached a plea deal with a Forsyth County assistant district attorney and was only sentenced to three to five years in prison. And that brings me back to Jamie Komoroski who, because she killed Samantha Hutchinson in South Carolina, could only serve a maximum of ten years in prison for DWI homicide.
The only way to prevent more repeat offenders from driving drunk and possibly killing someone is to pass and enforce stricter laws for a first offense. Beyond that, we need to make sure those laws and guidelines are consistent from county to county and from state to state. Given the current composition of our General Assembly, however, it’s not likely that such reforms would pass. That’s why I support making alcohol-related vehicular manslaughter or homicide a federal crime. Since every state receives federal funds for the maintenance and construction of roads and highways, and since drunk driving-related fatalities occur on those roads, then Congress should have the authority to pass legislation that would codify penalties and enforcement for drunk-driving-related deaths regardless of the state in which the offense occurs. Failure of any state to abide by such a congressional act would result in loss of federal funds.
As it stands now, drunk drivers are a menace to society, but so are the state lawmakers, prosecutors, and judges who allow them to continue to get behind the wheel of a deadly weapon.