Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, May 25, 1990 TAG: 9005240090
SECTION: CURRENT PAGE: NRV1 EDITION: NEW RIVER VALLEY
SOURCE: NEAL THOMPSON NEW RIVER VALLEY BUREAU
DATELINE: CHRISTIANSBURG LENGTH: Medium
The United States is a very mobile nation. But, as the saying goes, with freedom comes responsibility.
And in Montgomery County this year, the courts are hitting a record-setting pace for yanking driver's licenses from those judged irresponsible.
On Friday, seven county residents lost their licenses for 10 years each after being declared habitual offenders - people convicted three times within 10 years of drunken driving, driving with a suspended license or vehicular manslaughter.
Those seven bring this year's total to 20. And the commonwealth's attorney's office is reviewing a state Department of Motor Vehicles list of another 40 residents with three serious driving convictions in the past 10 years.
Officials say at least three-fourths of those will be declared habitual offenders, bringing the total to about 50 in less than six months.
That would surpass the previous high over the past five years; in 1987, 38 drivers were declared habitual offenders. According to court records, there were 11 habitual offenders in 1985, 24 in 1986, 38 in 1987, 26 in 1988 and 24 last year.
"I can see the increase this year," Circuit Judge Kenneth Devore said. "It's hard today. People have got to have transportation. They give me all types of excuses, but there's nothing I can do."
Some officials say the law is particularly hard on people who may have had two convictions when they were young and wild and get another eight years later when they have a job and three kids.
Aside from hitting violators where they live - excising their freedom of mobility - the habitual offender law is one of the strictest on Virginia's statute books.
If a person who has been declared an habitual offender is caught driving before the 10 years are up, they go to jail - period. The sentence cannot be suspended.
The sentence is a minimum of one year and a maximum of five. In the past five years, 13 people in Montgomery County have been sent to jail as habitual offenders.
"It's one of the only things on the books that can't be suspended. Not even the governor can do that," said Commonwealth's Attorney Phil Keith.
The only way an habitual offender caught driving can avoid a jail term is when driving is necessary to "save life or limb," according to the code.
"People try to use that [excuse] sometimes, but it doesn't work very often," Keith said.
Derin M. Owens, 25, of Route 1, Elliston, made no excuses Friday when Devore declared him a habitual offender.
"It was my own fault. I'm just glad I didn't get sent to jail," Owens said outside the courtroom. He said he wasn't too upset about losing his license. He plans to hitch rides with friends to and from work.
But Devore said many people plead with him to keep their licenses because they say they need to get to work.
"But if you're convicted three times in those 10 years, you don't deserve the right, the privilege," Devore said.
After five years, habitual offenders can ask to have their driving privileges restored if they are not convicted for any violations during that time, district probation and parole officer Bill Sydnor said.
Only a few in the past five years have gotten their licenses back, according to court records.
by CNB