Moment of impact: Lessons learned too late for many drunken drivers

This past week we have been moving all of Diane and Llyod's belongings out of their home so that it can be put up for sale. One of the days we were in Forestdale Brian Fraga, reporter for the New Bedford Standard Times, came out to talk with us. I had spoken to Brian previously in regards to Diane's death and he was now doing a larger article on repeat DWI offenders. The article appeared today in the Sunday edition and while I haven't seen the paper yet today I was told it is most of the front page of the paper and continues on page four, taking up the whole of that page also. I did find the article on the standard times website www.s-t.com.

Moment of impact: Lessons learned too late for many drunken drivers

By Brian Fraga -Standard-Times staff writer
June 10, 2007 6:00 AM

Diane Kelsey Carhart, a New Bedford native who lived most of her life in Mattapoisett, was driving on Route 130 near her Forestdale home the morning of March 5.

Driving carefully in her Chevrolet Tracker, Ms. Carhart stopped to make a left turn into a shopping plaza. Ten minutes earlier, she had spoken to her daughter, Susan Linhares, who said her mother was probably getting a cup of coffee at the time.

Ms. Carhart did not see him, but coming up behind her was Christopher Parker, a Sandwich man with four previous convictions for impaired driving. He was driving with a revoked license and speeding down Route 130, police said. It is not known whether he was driving impaired, because a blood alcohol content test was never conducted.

Mr. Parker hit Ms. Carhart's car from behind, and sent her into the path of an oncoming NStar truck, which crashed into her at more than 50 miles per hour. Ms. Carhart, 63, a grandmother, was killed instantly. Mr. Parker is charged with vehicular homicide due to negligence and driving with a revoked license.

Ms. Carhart's death illustrates the reality that repeat drunken driving offenders are still on the road almost two years after the passage of Melanie's Law.

"These repeat offenders have no respect for the law," said Ms. Linhares, who lives in Mattapoisett.

Ms. Linhares and her brother, John Everett, packed up their late mother's home last week. They moved boxes containing decades of memories into a 28-foot trailer. On Saturday, they interred the ashes of their mother and her husband, Lloyd Carhart, who died in December after a long illness, at Riverside Cemetery in Fairhaven.

"I had just talked to my mom 10 minutes before she died," Ms. Linhares said. "She was just coming out of the funk from losing her husband. She was getting ready to fix up the house, and then this."

Ms. Linhares was visibly frustrated that a man with Mr. Parker's record could still get behind the wheel of a car and endanger lives.

"Two times is bad enough, but three, four, five times?" she said. "Especially those caught on an additional offense, and they're still driving on a revoked or suspended license? Nothing is going to stop these people. It's an addiction."

The passage of Melanie's Law in 2005 raised hopes that imposing mandatory minimum sentences for repeat offenders, revoking their licenses and requiring they use ignition interlock devices would keep them off the roads.

But police continue to arrest motorists with prior offenses who still drive under the influence of alcohol or drugs.

Sheila Martines Pina, the former president of the Southeastern Massachusetts Convention and Visitors Bureau, was arrested May 29 on her fifth drunken driving charge. Mrs. Pina, who is now in jail awaiting trial, already had two pending cases for drunk driving and a suspended license when she was arrested.

That behavior is not unique among alcoholics or addicts.

Richard Arnold, 56, a Swansea man who is serving a 150-day sentence at the Dartmouth House of Corrections for his third impaired driving conviction, said he drove numerous times drunk and never got caught by police. He figured he could get away with it most of the time.

"You think you can get away with it. That's the illness of alcoholism," he said. "It's a game you play, but you will get caught eventually."

Law enforcement authorities and Mothers Against Drunk Driving say tactics such as sobriety checkpoints, ignition interlocks, revoking licenses and seizing vehicles help. But some offenders often find ways around the law, such as borrowing a car from someone who does not have an ignition interlock, or they just ignore the law and drive on a revoked license.

The state "can take away licenses, but even then, they're gonna drive if they want," said Walter Duquette, 62, a Taunton man serving a 150-day sentence for his third drunken driving offense.

State lawmakers sought to toughen Massachusetts' operating-under-the-influence statutes by passing Melanie's Law in 2005. The law, named for a 13-year-old girl killed by a repeat drunken driver, set longer mandatory minimum sentences for repeat offenders, allowed prosecutors to use certified court records to prove prior drunk driving incidents and mandated repeat offenders eligible for a license reinstatement to have ignition interlock devices in their cars.

But Melanie's Law does not punish repeat offenders the way a murder conviction can. And physically preventing someone with a tendency to drink and drive is another matter.

About one-third of all drivers arrested or convicted of operating under the influence of alcohol are repeat offenders, according to MADD. Fatally injured drivers with a blood alcohol content above the legal .08 limit are nine times as likely to have a prior drunken driving conviction.
Repeat offenders "pose a very serious threat to everyone's public safety on the highways," said David DeIuliis, a Massachusetts MADD spokesman.

"These are people with problems with alcohol. They continue to go out and make this very bad decision," Mr. DeIuliis said. "It's something I think all the provisions of Melanie's Law are targeted at, but it's still too early determine what the law's impact has been."

Under Massachusetts state law, a first-time offender receives a one-year probation and undergoes a driver alcohol education program.

A second offense results in a 12-day confined alcohol treatment program, two-year probation and license suspension for two years. An interlock device must be installed as a condition of any license reinstatement.

After a third offense, a defendant faces a 150-day mandatory jail sentence, a fine up to $25,000 and a suspended license for eight years. A district attorney may also seize, keep or sell the offender's vehicle.

Those who are arrested for a fourth or fifth offense face respective mandatory minimum jail sentences of one and two years, and can be sentenced up to five years in state prison.

A motorist's license is revoked for life with no possibility of a hardship license after a fifth offense.

Bristol County District Attorney C. Samuel Sutter said his office is committed to enforcing the minimum sentences for repeat offenders. He said prosecutors consider longer sentences when there are "aggravating circumstances," such as speeding, reckless driving and serious injuries.

"In those cases, such as an accident that is particularly troubling with respect to the defendant's behavior, we may well ask for something more than the mandatory minimum," Mr. Sutter said.

However, Ms. Linhares is not satisfied with that approach. She wants prosecutors to aggressively seek longer sentences as often as possible. "A good start would be to enforce the laws that we have," she said. "I think there's a lackadaisical attitude among prosecutors. It seems they don't want to do the extra work involved."

Law enforcement officials point to additional measures besides prison sentences to keep drunk drivers off the road, such as sobriety checkpoints. New Bedford Police Chief Ronald Teachman said local police will be conducting a roadside checkpoint with state police troopers in the near future.

Chief Teachman said police will monitor the impact that ignition interlock devices have on deterring repeat offenders. He also suggested the state's current criminal records law could be amended to allow for public notification of repeat drunken driving offenders.

"We should also consider the vehicle impoundment when there is a violation subsequent to the ignition interlock device requirement," he said.

In addition to license suspensions, jail sentences and restitution, MADD recommends repeat offenders be assessed and receive treatment at a licensed substance abuse treatment agency. MADD also suggests they meet with a case officer during probation and attend a victim impact panel.

"You're not going to keep them in jail forever," Mr. DeIuliis said. "When they get out, if you haven't done anything to address their problem, they're going to continue their past behaviors."
Ms. Linhares said that many repeat offenders have an "illness," but said she is perturbed that many of them do not spend enough time behind bars.

"I think what they did with (Melanie's Law) was wonderful, but we need to pick up where they left off," she said Wednesday while moving another box of her mother's belongings to her car.

Ms. Linhares has spoken with state lawmakers to lobby them to pass even tougher penalties than Melanie's Law. She also set up a Web site, JusticeForDiane.com, to highlight the problem of repeat offenders in the hope that people like Christopher Parker are never allowed on the road again.

"This is something I was never aware of before because nobody in my family drinks," she said. "And then this happened. ... It's just appalling."

Contact Brian Fraga at bfraga@s-t.com

Internment at Riverside Cemetary, Fairhaven, MA

Today we buried the ashes of both Diane and her husband Lloyd Carhart. Lloyd had died no too long before Diane passed and she haden't been able to get Lloyd's children to settle on a time when they could get together to bury Lloyd's ashes. Not too long before Christopher Parker took Diane from us she had told me that she felt badly that she hadn't buried Lloyd's ashes yet, but there must be a reason for that. Now we know the reason - It was so they could be buried together.

The weather report promised rain but thankfully we only had a couple of short bouts of passing drizzle. The rain held off while we were at the cemetary. Bette McClure, Minister at the First Congegational Church in Fairhaven met us at our family gravesite. She was very eloquent as she spoke of Diane and Lloyd and also led us in prayer. It was a shame that none of Llyod's four children were able to attend.......

After the service we went back to my Grandmother, Louise Kelsey's, house in Mattapoisett. We had about 25 people there and I enjoyed putting together the cookout that we had, it was just like years ago when we would have cookouts at Gramma & Grampa Kelsey's each summer. The weather even cleared up a bit and I think everyone had a nice time and left stuffed full of linguica, hot dogs, hamburgers and a variety of salads, fruit and potato chips.

Parker's Pre-Trial Hearing

On Monday, June 4th Christopher Parker was due back at the Barnstable District Courthouse for a pre-trial hearing on the charges he received in connection to Diane's death. I was not able to attend but my brother Johnny and my dad, Dr John Everett did go. I was told that Parker's defense attorney and Brian Shea the prosecuting District Attorney met and seem to be reaching an aggreement on Parker pleading out in exchange for a lessor sentence. Parker's next court appearence will be June 21, 2007 at 2PM where he is expected to act on that aggreement.

This is not acceptable to me! When the maximum sentence that Parker will receive is only 2.5 years how can you allow him to plead out to a lessor amount of jail time? Isn't Diane's life worth more then that? If you kill someone you should go to jail...period! No chance to get a lessor sentence, or time off for good behavior. It seems like these attorneys find it too difificult to do there jobs to the fullest extent and so they do the easy thing and jump at the first offer either side could come up with. There is much more I could say but I will wait a bit and see what transpires on June 21.

Happy Mother's Day Mom!

Well it is Mother's Day today and for the first time I am without my mother to celebrate it with. It seems as though we are made aware of it being Mother's Day everywhere you look; on the television, on the internet, in magazines and in the newspaper. It hit me while I was shopping one day last week how absolutely commercial Mother's Day has become. Yes, it is nice to give a gift for Mother's Day, or Father's Day...to celebrate your love for a parent, but can that not be done with a phone call, handmade gift or card? I guess I never noticed it before.

Mom, we miss you. I miss the daily phone calls. I miss you stopping by with a couple of donuts for me and Pumba when you would also drop off newspaper on your way to visit Gramma Kelsey. Last month I used that last bundle of papers from your visit the day before you left us...I shed a few tears as I untied the jute rope, knowing I'd never get papers tied in jute again. As I used some of those papers to line one of the dog crates I saw that you had done the crossword and word scramble in that paper. It is silly, but seeing those puzzles really got to me and I have saved the page.

I have so much to tell you! I hope you don't worry about Tissy and Cricket (dog and cat), they are with me and doing very well.

We are finally getting to fix our roof, and last week I even moved our pool to the back yard and made flower and vegetable Gardens where the pool had been. Of course hauling all those wheel-barrows full of sand and loam made the fibromyalgia in my back really flare up, but it was so nice to be outside without a coat and being able to work in the yard with the warmth of the sun.

Frank and I have added a few more birdfeeders to our "bird area" and we are now up to 17 feeders and a bird bath. We now have a red-bellied woodpecker that comes by several times a day and the hummingbirds are coming by, too many times to count. Last week we even had a wild turkey walking through the yard!

Frank is enjoying his new job, I know you would ask how he was doing. I don't see him as much as I'm used to, but at least he loves it and we don't ever have disagreements now since we are apart so much.

I was so scared when I heard you had gone, I didn't know what I was going to do. I know you would be worried about me and about Johnny and his boys. We are all doing well. We talk about you each and every day. So many times I've gone to the phone to call you only to get halfway through dialing to realize you aren't there.

I hope you would be proud of this site and not be mortified by all the attention. I've been fighting to get Parker behind bars for as long as possible and also to hopefully make the laws stronger so people like Parker don't have a chance to get behind the wheel and kill someone else. I will continue to be in the courtroom each time he appears. I will make a victim impact statement during his trial. We will never forget you. You were such a great friend to so many people and we all miss you so much. I hope you are with Lloyd, Grampa, and baby John. Actually, I especially hope you are with baby John. I was lucky enough to have you as a mother for over 4o years, but he only had you for 10 months...it is only fair that he be with you now.

So Happy Mother's Day Mom! This morning wasn't the same without you there for me to call early, so I could be the first one to wish it to you. We all miss you so much.

I love you!

Sue

Cape Cod man faces vehicular homicide charges - Boston Herald Article

Well it seems that Parker's $10,000 cash bail/$100,000 surety has been noticed by the Associated Press, and because of that Parker's arraignment yesterday is receiving new media attention. So far in a brief search I've found mention in the Cape Cod Times, the Boston Herald, and on WLNE channel 6's website. I'll continue to post the articles as I find more. Some of the stories are similar with only minor changes since the media uses the articles from the AP.

Cape Cod man faces vehicular homicide charges

By Associated Press Thursday, May 10, 2007
Updated: 06:27 AM EST

BARNSTABLE - A Cape Cod man who has been convicted of impaired driving four times pleaded not guilty to vehicular homicide on Wednesday.

Christopher Parker, 50, faces the charge in connection with a three-vehicle crash in March that resulted in the death of a Sandwich woman.

Parker was taken into custody on the homicide charge after a Falmouth District Court judge revoked his bail in an unrelated case in which he is charged with driving under the influence of drugs.

Parker pleaded not guilty at his arraignment in Barnstable District Court on Wednesday and was ordered held on $10,000 cash bail. He was also charged with driving with a revoked license.
Diane Carhart, 63, was killed March 5 when her vehicle was struck from behind on Route 130 by Parker’s car and pushed into the path of an oncoming NStar [NST] pickup truck, according to police. Parker suffered minor injuries.

"It’s been really hard leading up to Mother’s Day," Carhart’s daughter, Susan Linhares, told The Cape Cod Times. "Everywhere you turn, there are reminders and it’s very difficult."

Parker’s driving record includes four operating under the influence convictions.
© Copyright 2007 Associated Press. All rights reserved.

Driver pleads not guilty in fatal crash - Cape Cod Times Article

Driver pleads not guilty in fatal crash

By GEORGE BRENNAN STAFF WRITER
May 10, 2007

BARNSTABLE — Christopher Parker, who has been convicted of impaired driving four times, pleaded not guilty yesterday to vehicular homicide. He faces the charge in connection with a three-car crash that killed a Forestdale grandmother in March.

Parker, 50, was taken into custody on the homicide charge two weeks ago after a Falmouth District Court judge revoked his bail in an unrelated case. He is charged in that case with operating under the influence of drugs.

The law allows a judge to send a defendant to jail for up to 60 days if he is charged with another crime while out on bail. Parker is still being held at the Barnstable County Correctional Facility in Bourne on that bail revocation.

Barnstable District Court Judge W. James O'Neill yesterday imposed bail of $10,000 cash, $1,000 surety, Cape and Islands First Assistant District Attorney Michael Trudeau said. Prosecutors had requested Parker be held on $20,000 cash bail. Even if he can post that bail, he can't be released until his current 60-day sentence is served.

Diane Carhart, 63, was killed March 5 when her Chevrolet Tracker was struck from behind on Route 130 by Parker's car and pushed into the lane of an oncoming NStar pickup truck, according to police.

"It's been really hard leading up to Mother's Day," Susan Linhares, Carhart's daughter, said. "Everywhere you turn, there are reminders and it's very difficult."

Linhares and two of Carhart's brothers were in the court when Parker was arraigned.

Parker was also charged with driving while his license was revoked. Trudeau said the investigation is ongoing, but declined to say if he expects more charges against Parker.

Yesterday's arraignment has been a long time coming for Carhart's family. Parker was taken to Falmouth Hospital with minor injuries he suffered in the crash, so rather than being arrested he was issued a summons on the charges. The family then had to wait until a clerk magistrate issued a criminal complaint against Parker.

Parker has an extensive poor driving record that includes the four operating under the influence convictions. His license was revoked at the time of the Sandwich crash by the registry because police considered him an immediate danger to the public.

"We're thankful he's behind bars where he can't hurt anyone else," Linhares said. "I was talking to my uncle and we're hopeful he gets the treatment he needs."
George Brennan can be reached at gbrennan@capecodonline.com.

ABC Channel 6 Article - Cape Cod man faces vehicular homicide charges

Cape Cod man faces vehicular homicide charges

BARNSTABLE, Mass. (AP)
May 10, 2007 - 9:31AM

A Cape Cod man has been ordered held on $10,000 bail after pleading not guilty to a vehicular homicide charge in a crash that killed a Sandwich woman.

50-year-old Christopher Parker was also charged with driving with a revoked license. He's been convicted of impaired driving four times in the past.

63-year-old Diane Carhart died in the March 5th accident. Police said her vehicle was struck from behind on Route 130 by Parker's car and pushed into the path of an oncoming pick-up.

Parker was taken into custody after a Falmouth District Court judge revoked his bail in an unrelated case in which he was charged with driving under the influence of drugs.

(Copyright 2007 by The Associated Press. All Rights Reserved.)

Parker's Arraignment in Barnstable District Court

As previously mentioned....today, May 9, 2007, was Christopher G. Parker's arraignment on charges of homicide by motor vehicle due to negligence and driving on a revoked license in connection with Diane's death.

As I got into my car this morning to drive to the Barnstable District Courthouse I wondered if Parker would look different after spending 10 days behind bars. I was surprised at the amount of fog on the roads at 8:00am since the weather was supposed to be clear with temps in the low 80s. As I crossed the Bourne Bridge onto Cape Cod the fog was so thick that I could not make out the top of the bridge. By the time I had driven the couple of miles along the Canal to Route 6 the sun was out in all it's glory and the Sagamore bridge sparkled in the sunlight.

I arrived at the courthouse by 8:55am and met up with my two of my Mother's brothers, my Uncles Philip and Bob Kelsey. As we waited for the first call to go into the courtroom we also briefly spoke to Cape Cod Times reporter George Brennan.

At about 9:05am they called everyone into the First Session Courtroom. This was a very big courtroom with a large judge's desk on a raised platform and an equally large clerk's desk set in front of and below the Judge's platform. Facing those large desks were two tables, the right table for the District Attorney's Office and the left table for the defendant's lawyers use. To the left of the Judge was a bench against the wall and a podium-type desk for the bailiffs. To the right of the room was an area for the jury. There were about 8 rows of bench-like seating for the public and people who have business with the court. These benches were set facing the judge and had a walkway up the middle.

We were in for a fairly long wait as they first call all the cases that were going to be heard that day to see if the parties involved were present and then they held a number of arraignments. We saw two men who were in custody be brought in and told to sit on the bench along the left wall. Each of these men, who were handcuffed, were arraigned and then led out of the courtroom. We were waiting for Parker to be brought in next. It was now about 10:45am and I was a bit surprised when I saw the Judge get up and walk out a door that was behind his desk! They hadn't brought Parker in yet, where was he going??

Luckily Kathleen Finnegan, the victim/witness advocate assigned to our family by the D.A.'s office came to sit with us at that time to inform us that the judge was taking a short break and would be back fairly soon. She had us move toward the front of the rows of bench seats so we could hear and see better.

While we waited for the court to resume A.D.A. Brian Shea, who is prosecuting Parker's case, came over to answer a few questions we had. Finally the Judge came back into the courtroom and the baliffs then led four men in handcuffs into the room and the men were told to sit on the bench along the wall on the left of the room. The first man led to the bench was Parker. He, as were most of the men in lock-up, was dressed in issued dark blue work-type pants and a dark blue buttoned down shirt. His hands were handcuffed in front of him. I was a bit surprised to see that Parker's head had been shaved sometime after he had been incarcerated 10 days ago. He had the shortest of crew-cuts. I'm not sure if this is something they do as part of the intake process at the Barnstable County Jail or exactly why his hair was almost all shaved off, but it looked like a severe military cut.

When the Clerk finally called "Commonwealth vs. Christopher Parker" we saw Parker stand up, looking at the ground. The clerk read the charges that Parker faced, homicide by motor vehicle due to negligence and driving on a revoked license, and then entered a plea of not guilty on Parker's behalf. The Judge also mentioned that Parker had requested a court-appointed attorney and it had been approved. Woodrow "Woody" Brown has been assigned as Parker's public defender.

At that point the Judge asked A.D.A. Shea if the Commonwealth was requesting bail. Shea stood up and began giving an overview of the case against Parker. He gave a brief rundown on Parker's prior charges and convictions, including the multiple DWI and Assault and Battery convictions. Shea then went through the events leading up to and directly after the crash that led to Diane's death. When he was done, in closing, he requested $20,000 bail for Parker.

Next it was Atty. Brown's chance to speak on behalf of Parker (who was still standing, looking at the ground with his arms hanging loosely in front of him due to his wrists being handcuffed). Brown started by saying Parker was a man in his 50s who resides at 20 Jody Lane, Forestdale, MA. He stated that Parker lives with his wife and son and works as a painter. It seems that Parker served in the U.S. Coast Guard during the Vietnam War, receiving an honorable discharge. Brown stated that Parker and his family could only afford $1,000 for bail.

After hearing the arguments from both sides the Judge set Parker's bail at $10,000 cash or $100,000 surety. Parker continued to look down although his face had been slowly turning red during the time he was standing. The Judge appointed Judge Lynch to the case for trial, then next picked the date of June 4, 2007 for a Pre-Trial Hearing, and Parker's business before the court was finished for the day. Bob, Philip and I followed Kathleen Finnegan out to the courthouse lobby where we met A.D.A. Shea. We were pleased with the large bail which will hopefully keep Parker behind bars. The date for the Pre-Trial Hearing, June 4, will allow my brother Johnny to be able to make an appearance since he will be in Massachusetts for a few weeks in June, coming from his home in Arizona.

It was nice that my Uncles were able to take the time off from work today so that they could come to the courthouse today. It was their first time seeing Parker in person.

As far as I know the Cape Cod Times will be running a story about Parker's arraignment in tomorrow's Paper. I will post the story with a link to their site as I have done in the past, as soon as I see the article.

Thanks so much for the caring and support that we have received, both through this blog, neighbors and friends of Diane, and friends of our family. It really means a lot to us all!
((((((((HUGS))))))))

Arraignment Tomorrow - Finally

Tomorrow, Wednesday, May 9, 2007 Christopher G. Parker will finally be arraigned on the charges he is receiving in connection with my Mom, Diane Carhart's death. The arraignment is being held at 9:00am in the first session courtroom at the Barnstable District Courthouse in Barnstable, MA.

Family members and neighbors of Diane will be attending. The arraignment is held in a public courtroom so we will be able to witness the proceedings. If anyone would like to go to support our family and Diane's memory we would love to have you. Directions and info can be found here - Barnstable District Courthouse. The First Session Courtroom will be on the left when you go through the security check. Speaking of the security check I have learned that they will no longer allow cellphones that have a camera in them into the courthouse. If they see it in your purse or pocket they will have you bring it out to your car...I learned the hard way when I had to bring my old cellphone back out to my car in the pouring rain. It doesn't work and I'd actually forgotten it was in my purse .

As far as I know Parker will be brought from the Barnstable County House of Correction by the County Sheriff's office. I am hoping he will be at least handcuffed when he is brought into the courtroom...and leg chains would be even better!

At the Arraignment we will hear how Parker pleads and also find out who he has hired as an Attorney to handle this case. During a previous court appearance when Parker was asked by a reporter about the case he referred all questions to his attorney but then declined to say who represents him, saying ''Go to the hearing and find out.''

A summary of the arraignment will be posted here as soon as I get back home tomorrow.

Are felony DWI offenders getting away with murder?

The article below is from Houston, TX, KHOU channel 11's website. The story sounds all to familiar, and is actually what my family and I have been saying from the moment that we learned about Christopher Parker's extensive DWI/OUI arrest record. I've also mentioned that it seemed as if Parker knew how to work the system. It seems that each and every day repeat offenders are picked up for driving while intoxicated. Unfortunately those offenders do not go to jail each and everyday, but are allowed out on bail or probation...with promises of doing a couple of hours of community service. While this story below is based in Texas I thought it was very appropriate for our site.


Are felony DWI offenders getting away with murder?
11:57 AM CDT on Sunday, April 29, 2007
By Dave Fehling / 11 News

In the past two years, police in Harris County charged over 1,900 drivers with felony DWI, but some say chronic offenders have learned to work the system and never pay the price.

For example, an allegedly very drunk driver was accused last month of killing a mother and daughter in a horrific smash-up on the Eastex Freeway.

Police said he’d already had three previous DWI convictions.

“They’re not following through on penalties,” said Ruth Tijerina, who lost her daughter in a drunk driving crash in 2004.

Texas has the three strikes DWI law: The third arrest means a felony charge. Felony as in prison, loss of voting rights and public humiliation.

But when 11 News asked the county to provide us with records showing what really happens, what we discovered was disturbing.

In the past two years in Harris County alone, 492 of the more than 1,900 felony DWI cases were reduced to misdeameanor charges.

“At some point, they need to be locked away,” said John Bradley, the Williamson County D.A. known for its tough stance on DWI.

So why aren’t they?

“Your chronic DWI offender, the person who has two or more prior arrests for DWI, has completely learned how to work the system,” said Bradley.