DWI Law Changes Proposed

Late last year, a St. Louis Post-Dispatch investigation uncovered inconsistencies of drunken-driving enforcement in the St. Louis area and led Governor Nixon to form a task force. Through this task force, a bill has been proposed. This bill would require repeat offenders or those accused of injuring someone while driving drunk to be tried in a state circuit court instead of a local municipal court. Supporters of this bill have stated that municipal courts have failed to adequately punish drunken drivers and have allowed chronic offenders to keep driving. The proposed legislation would also increase penalties for suspects who refuse a blood test, and limit removal of drunken-driving offenses from criminal records after 10 years to offenders who were not convicted more than once. Another provision of the bill would stiffen penalties for drunk drivers with children in the vehicle. The bill has been proposed by Republicans in both chambers and has bipartisan support.

The House bill stalled in the Rules Committee for some wording issues and the Senate bill is awaiting a final vote.

We have contacted both our State Representative and our State Senator to urge them to support this bill. Representative Mike Thomson has expressed to us that he had spoken with the sponsor of the bill and will be supporting the proposed legislation.

We ask that you too request your local Representative and Senator support this bill, so that other families will not have some of these injustices to face.


**eta** I am looking for the acutal bill number and will post it soon. Here is a link to Gov Nixon's site telling a bit more about it.

http://governor.mo.gov/newsroom/2009/Reform_Missouri_DWI_Laws

**eta** The bill is HB 1695 sponsored by Bryan P Stevenson.

It's Finally Signed

It took us one year and 3 months, but we have finally signed the organ donor release form. I don't know if I can explain why it has taken so long for us to sign this piece of paper. After all, it's something we have wanted from day one ~ to eventually meet those Abby has saved. When the letter and forum first came, it was just after the Holiday season in January 2009. I remember reading through the letter thinking, wow, there are things I hadn't given much thought to in releasing our information. I think that halted us signing it at the point and then it just got pushed off to the side. It seems anything to do with Abby takes us longer than usual to take care of. It is hard for us to "finalize" everything. So, I think that is why we still have some things that we have not done. But now this one can be checked off the list and we will soon be able to share more information with these families, use different means of communication, and hopefully someday have a face to face meeting.

MWTN

Today I want to direct you to the new website of Midwest Transplant Network. There is so much information there about donation. Plus, if you look at the 2010 calendar, you can read personal stories from both recipients and donor families. The quilt is up and working properly now too. You can find Abrielle's square on quilt 8.

www.mwtn.org

She Went With Us

I had not totally planned how to have Abby with us on our first family vacation since she's been gone, but believe me, she was there. I knew I could not bear to not have Blankie to sleep with for that many days, so he was packed for the trip. Mady had to bring her Abby Bear for the same reason. Every day when we returned to our hotel, we found this ~



with Disney cartoons on.



We also found pennies and several times found ourselves knowing she was there.

$5,000 GoodSearch Giveaway ~ 3 Days Only

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The new toolbar is free to download and allows you to raise money for our cause every time you search or shop online! Once added to IE or Firefox, each time you shop at more than 1,300 stores (from Amazon to Zazzle!) a percentage of your purchase will automatically be donated to the Foundation - at no cost to you (and you may even save money as the toolbar provides coupons and deals as well!). The toolbar also has a search box and each time you search the Internet, about a penny is donated to the Foundation.

Please hurry and do this now so that we can earn the $1 bonus per toolbar!

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Bad News

I received a phone call this morning that started the tears flowing. We were unaware that a suit was filed by Sunderman against the state asking that he be given credit for time served, which had been denied in our trial since it was for his probation violation. Well, he won the suit. I pasted below the judge's decision regarding the case.


09DK-CV00001 - RYAN SUNDERMANN V ST OF MO, MO DEPT OF CORRECTIONS

This information is provided as a service and is not considered an official court record.
Date Filed: 01/05/2009
Location: DeKalb Case Type: CC Declaratory Judgment
Disposition: Other Final Disposition Date of Disposition: 01/20/2010
Judge/Commissioner At Disposition: MCELWAIN, WARREN L

01/20/2010 Docket Entry: Other Final Disposition
Text: Being fully advised in the premises, the Court finds that based upon Goings v Missouri Department of Corrections 6S.W. 3RD 906 that the 156 days spent by Petitioner in the Nodaway County jail was "related" to the Involuntary Manslaughter charge that Petitioner was sentenced to 6 years in the Missouri Department of Corrections on June 25, 2008. The court notes that the revocation of the prior Misdemeanor sentences of 180 days on July 17, 2007 could have been based solely on Petitioner's operating a motor vehicle without a valid license or the consumption of alcohol. However in construing the statute (RSMo 558.031) we are guided by the principle that criminal statutes must be construed strictly against the State and liberally in favor of the defendant. Goings, supera citing State v Jones 899 SW 2d 126. The court heard testimony of current Nodaway County Sheriff Davis White that it was his understanding that Petitioner was held on both Involuntary Manslaughter and the prior Misdemeanors. Additionally the Court notes that in Petitioner's Exhibit #3, the Nodaway County Sheriff's office listed the offense from 7-30-07 to 01-02-2008 as time served for "involuntary manslaughter." Therefore the court finds and believes that Petitioner's 156 days were related to the Involuntary Manslaughter charge and pursuant to Section 558.031 he is entitled to credit thereon. Court costs are taxed against Petitioner. It is so Ordered. Petitioners Attorney to draw proposed Order. (WLM)

Docket Entry: Judgment Entered

Basically it means he will be released 156 days early. His new release date is now January 7, 2012. A full four years out of the 6 year sentence will not be spent behind bars.

I am at a loss today. I feel like the justice system just said that her life is not worth the full sentence. It feels like a gut-shot and I don't know that there is any way to fight it.

How much more injustice do we have to experience? When will the laws work for the victims instead of in the offender's favor?

I am just in tears.

National Donate Life Month

April is National Donate Life Month. Throughout the month I will be helping to spread the word her on the blog.

First, a little history. National Donate Life Month was established in 2003 to celebrate the generosity of those who have saved lives through donation. This month is also to help encourage others to follow in their footsteps and donate too. Whether it is organ, tissue, or cornea donated, every donation saves or improves lives.

So please join me this month in spreading the word.