Me Thinks That Somebody Is Gonna Get Sewed Over This!

[SHOCKLEY]

This here feller gotta way wit just a little too much down der in Logan!


Charleston Daily Mail

--------------------------------------------------------------------------------

Man kept license after 10 DUI arrests

Justin D. Anderson
Daily Mail Staff



Thursday July 26, 2007
The state Division of Motor Vehicles is reviewing current DUI laws after a Logan County man with a valid driver's license was arrested for the eleventh time for suspected drunken driving.

Boone deputies arrested Roman David Spears, 57, of Chapmanville last Friday after a hit-and-run incident.

Deputies caught up with Spears later after he allegedly hit a vehicle on W.Va. 85 near Bim and fled the scene, said Sheriff Rodney Miller.

Spears was jailed briefly and released on an unspecified bond Monday.

Though Spears has a record of DUI arrests in Boone and Logan counties dating back to 1981, he had a valid, unrestricted driver's license at the time of his latest arrest.

Eleven years separated Spears' seventh arrest for DUI in 1994 and his eighth DUI arrest in 2005.

Prior DUI arrests and convictions that happened more than 10 years ago cannot be used to lengthen the revocation period for a person's driver's license.

So, regardless of the fact that Spears was arrested for the eighth time in 2005, as far as the motor vehicles division was concerned, it was his first brush with the law.

Had the agency been able to use prior arrests, and if arresting officers had showed up at two DMV hearings, Spears at least would have been required to install an ignition interlock system on his vehicle, which would prevent him from starting it if he'd consumed alcohol.

"I would say the jury's definitely going to be out on Mr. Spears as if any amount of equipment in his car is going to modify his behavior," said Steve Dale, the agency's deputy commissioner.

Dale said in light of Spears' case, the agency would be reviewing its 10-year rule, which was passed by the Legislature 15 years ago.

"I think that there was a concern about stiffer penalties for the individual who gets a DUI during his college days, then perhaps gets another DUI at age 40," Dale said.

A subcommittee of lawmakers is currently reviewing the state's DUI laws.

A look at Spears' driving history shows some revisions are in order.

He started off in 1981, when he was pulled over for suspected DUI and refused to take the breath test.

Beginning that year, the DMV could revoke a person's driver's license for a DUI arrest even if he or she was never convicted for the crime. The DMV can act on an officer's sworn statement.

In Spears' case, sometimes those statements were turned in, sometimes not.

That first time, the statement was completed and DMV revoked Spears' license for a year. The division never received any information about a conviction.

Spears was arrested again two months later in 1982 and was convicted, though no officer's statement was turned in. His license wasn't valid anyway.

He got his license reinstated in 1984 and was arrested again in 1985. The DMV revoked his license, but never heard anything about a conviction.

Later in 1985, Spears was arrested again for DUI. Then again in 1986. Each time, the DMV took revocation action on his license.

"We continued to revoke this individual, but all it does is add time to his revocation," Dale said.

From 1986 to 2004, Spears' license was invalid. However, between those years, Spears continued to drive and was arrested two more times for suspected drunk driving, the last time in 1994.

Spears eventually got his license back in 2004 and was arrested again for DUI a year later.

But since there was more than a decade between the 1994 and 2005 arrests, the DMV treated it as his first arrest.

Spears' license was revoked for 90 days. He took some safety classes and got it back on Aug. 10, 2005.

Last year, Spears again was nabbed for DUI. The DMV revoked him for second-offense, but Spears requested an administrative hearing, so the revocation was stayed.

Then, at the hearing, the arresting officer failed to show up, so the DMV's action was dismissed. Dale said drivers lose their license appeals 90 percent of the time if the officer shows up to testify.

Spears eventually was convicted of this DUI, but the DMV couldn't act because it already had its chance with Spears, Dale said.

Later in 2006, Spears was arrested for DUI. The DMV acted at once on his license.

But he requested an administrative hearing and the action was held off. And again, the arresting officer failed to appear at the hearing and the proceedings were dropped.

Spears was back on the road, with 10 DUI arrests under his belt and a clean driver's license.

After this last arrest, assuming everything goes the DMV's way, Spears' license will be revoked for a minimum of one year. Then he'll be required to use the ignition interlock for three years.

Dale still has his doubts.

"I have to wonder if jail may be the only way to keep these offenders from getting behind the wheel drunk," Dale said.

"The ignition interlock system is a great tool for the DUI offender who is interested in rehabilitation and behavior modification, but how do you keep someone with absolutely no regard for any laws for the safety of others on the road from just getting in any vehicle and driving?"

Contact writer Justin D. Anderson at justin@dailymail.com or 348-4843.


Roman David Spears' DUI record

1981 — Was pulled over for suspected DUI and refused to take the breath test. His license was revoked for a year.

1982 — Arrested again and convicted.

1984 — License reinstated

1985 — Arrested and DMV revoked his license. Then he was arrested again. Each time DMV took revocation action on his license.

1986-2004 — Spears’ license was invalid, but he continued to drive and was arrested twice more for DUI.

2004 — License reinstated.

2005 — Arrested again. Since there was more than a 10-year gap between arrests, DMV treated it as his first arrest. License reinstated after 90 days following completion of safety course.

2006 — Arrested twice for DUI. Convicted of first offense. DMV acted immediately, but officers failed to show up at the license hearings, so the actions were dismissed.

2007 — Arrested after suspected DUI in hit-and-run incident. If everything goes DMV’s way, license will be revoked for at least a year.



© Copyright Charleston Daily Mail -- Privacy policy -- Send Web site feedback or a Letter to the Editor

[genlock]

Sewed?

[David Paleg]

Sewed?

Loganese for "sued."

Meanwhile, Spears will be stewed.

[Dave Allen]

We may elect him Mayor. Remember we have a 110 year old Mayor who has PROUDLY admitted that he helped Kennedy by the election here in 1960, so why the hell not?

[fearpeddler]

"The ignition interlock system is a great tool for the DUI offender who is interested in rehabilitation and behavior modification, but how do you keep someone with absolutely no regard for any laws for the safety of others on the road from just getting in any vehicle and driving?"

chop off their hands

[The People's DJ]

We may elect him Mayor. Remember we have a 110 year old Mayor who has PROUDLY admitted that he helped Kennedy by the election here in 1960, so why the hell not?

Shouldn't that be

that he helped Kennedy buy the election here

I know you Southern WV boys have a hard time spellin' and all. You're not like some of those folks up in Wheeling. Thier right on everything.

[Zak Tyler]

Thier right on everything.

i'm not one to correct spellings and things... so i won't...

[Dave Allen]

Sorry I got in too big of a hurry being a smart ass. Actually I have been kicked out of some pretty decent instiutions of higher learning, so I'm not a complete moron.

Jeez, we've mistakes like that I'll never make it to Wheeling radio.

[Zak Tyler]

Sorry I got in too big of a hurry being a smart ass. Actually I have been kicked out of some pretty decent instiutions of higher learning, so I'm not a complete moron.

Jeez, we've mistakes like that I'll never make it to Wheeling radio.

come on dave, how many times do i have to tell you the Cheetah don't count as "higher learning" nor does the Pink Pony, no matter what whitaker says on his taxes.