Wednesday, June 17, 2015

DUI Do Over

Richard Sherwood stands before Judge Payne ... again

Richard Sherwood, age 30, was arraigned before Judge John Payne on Monday morning for a drunk driving arrest in Amherst on Saturday night May 9th.  Or perhaps I should say "rearraigned."

 Originally Mr. Sherwood was charged with "OUI 3rd offense" and as it turns out that was his 4th offense!  And when it comes to the American system of justice, details are important.



Sherwood was released on the original $5,000 bail he posted five weeks ago and the conditions remain the same:  no driving, use of a sobrietor, and report to probation officer twice per week.  His case was continued until July 13.

8 comments:

Anonymous said...

Enjoy the free meals and comfy cot. Oh, and don't drop the soap.

Anonymous said...

So this is where the current, easy rhetoric about non-violent offenders being unjustly incarcerated nationwide breaks down. If this gentleman ends up being found guilty of a 4th offense OUI, is he a violent or non-violent offender? Is OUI a violent or non-violent crime?

I think we can all agree that there are too many people currently incarcerated in the US. But deciding (and agreeing) where to make the changes in our laws to bring about the reductions we theoretically seek is much tougher.

I suspect that some readers of this blog would be unsatisfied by the maximum punishments (which judges rarely impose) for multiple OUI offenders in the Commonwealth.

Rich Morse

volare said...

Melanie's Law (enacted 2005) looked good on paper but doesn't really mean squadoo. Thanks, Willard.

"Multiple OUI offenders are now required to install an Ignition Interlock Device (IID) in their vehicle upon issuance of a hardship license or at full license reinstatement.

Upon installation of an IID a multiple offender's license is reinstated with a Z restriction. The Z restriction stands for Massachusetts Zero tolerance for drunk driving and notifies law enforcement officials that individuals with this restriction may only operate a vehicle with an Ignition Interlock Device installed."

I see no mention of this whatsoever in those charges. Perhaps it'll come up when he next appears in court.

Hope they take this guy off the roads permanently and make him do some time, but they probably won't. This state is notoriously light on enforcing DUI punishment; those 'mandatory' jail time provisions often become suspended sentences with probation.

Anonymous said...

Prison rape as a solution to drunk drivers....hmmm.

I think the first poster has no guts. If you really think rape is the appropriate punishment for something most posters here have done, why don't you get some buddies, round up this guy and do it yourself. In fact you can go door to door in town, as most have driven drunk at one point or another.

But really, I think you are nuts, dangerous nuts, like more dangerous than a drunk driver. I would gladly let all drunk drivers out of prison and replace them with the more dangerous group of people that are willing to accept prison rape. They are in fact rapists, they just set up a system where others do it for them and unlike drunk drivers, they commit their crime every minute of every day.

Punish this guy, and then let's round up the people that have tolerated prison rape, starting with the guards that don't protect the prisoners (which is their job) and ending with community members that encourage it.

Anonymous said...

Rich,

OUI is not a violent crime, unless the act of doing so results in violence.

100 OUI's with no one getting hurt. No violence. Just using the definition of the words.

1 sober 16 year old backs into a neighbor who gets a sore neck - violence.





Anonymous said...

And along with rounding up those peple, I would like to add all the self-righteous ones with no sense of humor. Like the previous caller.

Anonymous said...

OUI becomes quite violent when the drunk kills my daughter or you with their car. I guess then it's not called OUI. Carrying a concealed weapon is non violent too. Until the concealor invades your home. Or worse.

Faith Brady said...

It is ridiculous that he continues to get free. As a mother of three children, it horrifies me that a person like this can be let go into the public as you know he will be back behind the wheel. People like this just do not care about the welfare of others.

Faith Brady @ KHunterLaw