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Should licenses be suspended in death-by-motor-vehicle cases?


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James and Mary Holmes
James and Mary Holmes

A woman whose parents were killed in a head-on collision in Franklin County wants tougher penalties for those facing charges in death-by-motor-vehicle cases.

Marbeth Holmes' parents, James Preston Holmes, 65, and Mary Charles Holmes, 65, of Louisburg, were killed June 27 when a pickup truck crossed the center line along U.S. Highway 401, colliding with Holmes' Corvette.

The truck's driver, Louis Mahler Joyner, 21, of Louisburg, is charged with misdemeanor death by motor vehicle.

While his case is pending, he is allowed to drive. Under state law, licenses are only suspended for motorists charged with driving while impaired.

"We were horrified and stunned," Holmes said, of finding out that Joyner still has his license.

She wants drivers charged with death-by-motor-vehicle to have their licenses suspended for a minimum of 30 days.

Former federal prosecutor Kieran Shanahan says such a change would mean that state legislators would have to agree the charge is enough to remove someone's driving privilege.

He called it an uphill battle.

"You don't, on the one hand, want to just punitively single somebody out," Shanahan said.

Sen. Doug Berger, D-Franklin, said he would be receptive to hearing Holmes' proposal, which she plans to take to lawmakers after the general election in November.

"I think it's something that's certainly appropriate in some death by motor vehicle cases," Berger said. "It may be appropriate in all of them."

Holmes said it's not about revenge but doing what she can "to affect positive change," something she says her parents dedicated their lives to for years.

"They were the kind of people you'd call, (for example) if you needed someone to drive you to the doctor because you were unable to go (otherwise)," she said.

RELATED TOPICS: Franklin County

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85 Comments


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It makes sense to suspend a person's driving PRIVILEDGES until a disposition is made on the charge(s).

The driver is lucky that he doesn't live in Kentucky. There they give death penalty or life in prison. See the link:

http://knoxnews.com/news/2008/jul/31/andersonville-man-convicted-murder-crash/

drivers charged with death-by-motor-vehicle to have their licenses suspended for a minimum of 30 days.

What is 30 days going to solve? I say allow the courts to decide how to handle the person that caused the accident that killed someone.

timbo: Sorry, I still don't follow you. I am not advocating interference with due process. I'm also not advocating that we eliminate cars, or alcohol or cigarettes for that matter, because they happen to kill people.

I also don't believe that there are that many death-by-motor-vehicle cases where the question of guilt is so difficult to prove.

I'm advocating two things: 1) If you kill someone in a car, then you have no business driving for a while until it gets straightened out. If not physically, then emotionally, you don't need to behind the wheel regardless of guilt.

If you are proven guilty then, sorry, but you have no business being on the road because none of us including you, the convicted, know whether you will do it again and shouldn't have to take the chance.

I did quite well in school, thank you. Regardless, I'm not sure one's level of education has anything to do with their appreciation for life - their own or those of others. You're helping to confirm it

mlhannan1: I'm not sure I am following you ... which concerns me since it appears you may be involved in the legal process somehow!?

There are mighty few scenarios that I can come up with where someone kills someone else in a motor vehicle and it not be the result of an "infraction."

There is no harm in temporarily revoking a license pending an investigation and/or the outcome of a trial. If it is found that you killed someone with or in a car and it was because of an "infraction" then, I'm sorry, but losing your license for a year just don't cut it in my book.

You agreed with me that driving is a privilege and not a right. However, your comments sure don't seem to follow.

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