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8:52 a.m. • 2-12-12

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Law stiffens penalties in death-by-motor vehicle cases


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Bev Perdue
Bev Perdue

Those convicted of misdemeanor death by motor vehicle could face much tougher penalties.

Gov. Bev Purdue on Thursday signed a bill into law that, according to lawmakers, gives judges the authority to sentence those convicted of the charge as much as 60 days in jail.
It takes effect Dec. 1.

The governor was joined by lawmakers and two families whose stories prompted the law.

"People are careless. People disregard the law," said Marbeth Holmes. "Most collisions are avoidable, if people followed the law."

Holmes' parents, Jimmy and Mary Charles Holmes, were killed in June 2008 on U.S. Highway 401 in Franklin County when a driver crossed the center line, striking their car head-on.

Michael Martin, 16, was killed in Cabarrus County in 2005 when the car he was riding in slammed into a tree.

Under current sentencing structures, the people responsible for the crimes received a suspended sentence, probation and had their licenses revoked for two years.

“A judge needs to have the discretion to determine what is the appropriate punishment," said Sen. Doug Berger, D-Franklin, who sponsored a Senate version of the bill. "Under current law, no matter how serious the circumstances surrounding the misconduct leading to the death are, a judge is limited in not being able to utilize jail time as a consequence.”

"It's a very small step, but it's a good step," Michael Martin's father, Mike Martin, said.

Both families are still lobbying for more regulations, such as mandatory toxicology reports on any crash involving a fatality.

"Not every person that kills somebody on the highway is a bad person," Holmes said. "It's not about bad. It's about justice."

RELATED TOPICS: Cabarrus County, Franklin County

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My wife was killed over 6.5 years ago in a car accident on New Year’s eve at 6:40pm. The driver pleaded guilty to misdemeanor death by motor vehicle and running a red light. The driver was never tested for alcohol or drugs, and only received 4 points on his license. The only consolation I had was that he couldn’t afford insurance after the accident. But that doesn’t mean that he didn’t drive. I wish they would have put more into this law like, mandatory drug and alcohol testing along with having their license revoked for 2 years.

Vic got stiffer jail time for killing dogs.

60 days why bother, will cost the taxpayers much more.

"Its a shame when a accident will get you more time than stealing things now days."

No, it's a shame when you kill somebody because you're not paying attention to the road!

"An accident is just that an accident."

This statement is SO not true! If you cause an accident because you're texting, it's NOT an accident -- you WEREN'T PAYING ATTENTION! If you cause an accident because you're reading a book, it is also NOT AN ACCIDENT! You receive a charge of misdemeanor death by motor vehicle due to NEGLIGENCE, which is what this law is about. If you swerve all over the road, not signaling, not checking your blind spot, it's NOT AN ACCIDENT! Wake up and drive!

60 DAYS... ARE YOU KIDDING ME? ONLY 60 DAYS WOW. WAY TO GO. LETTING SOME ONE OFF IN 2 MONTHS. MY GOD, WHAT HAS THIS WORLD COME TO. I HAD TO SIT ON A JURY WERE AT STUP ID WOMAN KILL A MARINE, WHO DID THE RIGHT THING AND WAS WALKING HOME INSTEAD OF DRIVING. THE MARINE LOST HIS WIFE NOT EVEN A MONTH BEFORE HE WAS KILLED LEAVING THEIR 3 KIDS PARENTLESS. AND SHE GOT 30DAYS IN JAIL

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