A 28 year-old man may be in prison up to his 37th birthday after being convicted of felony DUI that claimed the life of a 6 year-old girl on New Year's Day 2012, as reported by The State for South Carolina.
B.H. Jr. pleaded guilty on August 5. Circuit Judge Thomas Cooper sentenced B.H. Jr. after the young man spoke to the members of E.L.'s surviving family. B.H. Jr. said, "I wish I could have taken her place" and swore to join them in their work to keep drunk drivers off the roadways.
C.B., E.L.'s uncle, said that the family was scarred, both physically and emotionally, over the loss of E.L. He also commented that the family was now "at peace" with the outcome of the case.
C.B. said, "We went in knowing there would not be a winner, no happy ending. No sentence can lessen their pain."
E.L. had been traveling with her father, D.L., to church when B.H. Jr. crashed into their car.
Marion Moses, B.H. Jr.'s attorney, said that her client made a bad decision in driving after only a few hours of sleep – following an evening of drinking with friends. He had wrongfully believed that he had "slept off the (effects of the) night before" before he got behind the wheel.
K.L., E.L.'s mother, knelt on her knees in the courtroom as she retold the story of what had happened and how it has left her family bereft. K.L. said, "There are no words human, strong enough, how it rips at your heart to bury your little child."
D.L. added that he, his wife and their three sons – who were also in the car but survived the crash – are experiencing "a sense of hopelessness that still haunts" them.
K.L.'s parents described their daughter as a first grade student that showed an interest in French, soccer, gymnastics and crafts.
Following the accident B.H. Jr.'s blood alcohol percentage was 0.208 where the state's legal limit to drive is 0.08 percent.
The three-vehicle crash resulted in injuries to K.L.'s family and another motorist.
B.H. Jr. told Judge Cooper that he would never drink alcohol again and will counsel youngsters about the effects of drinking and driving when he is released from prison. The judge sentenced B.H. Jr. to nine years behind bars for felony DUI and 10 years for injuries sustained by D.L.; the sentences will run consecutively. He is to be credited for the 18 months he has been in the county jail awaiting trial. After serving 85 percent of his combined sentence parole is possible. He is also to pay a fine of $15,000.
Records show that in 2009 B.H. Jr. pleaded guilty to drunk driving.
L.H., a state crime victim advocate said that the sentence wasn't "significant enough for (taking) a life."
K.L. and D.L. are pushing new legislature in the state that would promote the use of ignition interlock devices in vehicles of known drunk drivers.
Thought you slept long enough or waited long enough before driving to reduce the symptoms of alcohol consumption? If this didn't work for you, and you have been charged with DUI, DWI, OUI or OWI, contact a DUI attorney to work on your defense.