10-Year Sentence For Two Deaths Due to DUI

The Chattanogan is reporting that Sara Smith, responsible for the deaths of two people killed in a car crash on April 26, 2009, has been sentenced to 10 years in prison. 

The verdict, handed down by Criminal Court Judge Barry Steelman after a five hour hearing, is a consecutive 10 years, keeping her under intensive probation for 15 years.

Charlie Minor, the prosecutor in the case, wanted Smith to receive a 32-year sentence.  He felt that having her serve less that 16 years would lessen the "seriousness of the offense."

Per her attorney Stuart Brown, Smith has apologized for her actions and asked the court to grant her a chance to not only return to society, but also to raise her twin boys. 

Smith's blood alcohol level was .13 above the drunk level on April 26, 2009 when she drove over a centerline on Highway 60 and crashed into a motorcycle ridden by Orvil and Patricia Laymon. The couple's son was a witness to the deadly accident.

Smith had been arrested twice before for DUI - once in October and the other in November. 

A police office in the October arrest said that Smith almost hit a man twice when he found her slumped over her car's steering wheel, speech slurred and smelling of alcohol. The officer found her both "angry and non-compliant."

In the November DUI case, Smith had three minors with her on their way to a pizza outing when she lost control of her car. She ended up driving over a porch and into a house. 

On that occasion Smith had to be airlifted to the Erlanger Hospital. She was airlifted to the same hospital when drove into the Laymons.

While the families of the victims presented their testimonies about their losses, Smith said that she would do anything if she just "could bring them back."

Smith's mother blamed her own parenting when she said, "I wish she could have had loving parents like the Laymons."  And her stepbrother reported that his stepsister is not a "monster," but instead is "a very outgoing, bubbly, loving person."

Smith has had a long history, beginning in childhood, of drug abuse - marijuana and alcohol use began at age 14 or 15. The early use was blamed on her parent's divorce and her brother being in a serious accident. At 15 she moved in with Gregory Lamb - he was 24 at the time - and it was the couple's habit to do drugs and alcohol together.

Testimony from Officer Todd Cook described the scene an hour after the accident occurred. He said the motorcycle was still in the roadway, Mrs. Laymon's body to one side of it while Mr. Laymon was in an ambulance. A nurse that had witnessed the accident had tried to administer CPR to Mr. Laymon.

Minor cited a case where a 33-year sentence was given and upheld but Judge Steelman said, "This has been a highly emotional case. There have been a lot of tears shed in this courtroom. It's clear the heart of this very close family has been torn out."

As for Smith, the Judge said, "It was horrible for her as a child to have been subjected to the things she was subjected to."

If you are facing criminal charges stemming from a DUI, DWI, OUI, or OWI, don't waste time before you contact a DUI Lawyer in our directory.