2 convicted in Roanoke Co. in death of road worker
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Associated Press
Published: May 16, 2008
ROANOKE, Va. (AP) — A court has convicted two Roanoke County residents of driving under the influence in a February chain-reaction crash that killed a paving company employee in a road construction work zone.
A Roanoke County General District Court judge Thursday sentenced 42-year-old Tracie Nininger and 32-year-old Jeffrey Dupree to 12 months in jail in the death of 46-year-old Richard Slone. Dupree received an additional 12 months for refusing to take a breath test.
Judge Vincent Lilley also ruled manslaughter charges against both drivers could go before a June 6 grand jury.
Police say Dupree was driving behind Nininger on February 20 when Nininger’s vehicle struck a backhoe on the side of the road. Dupree’s SUV then rear-ended her Hummer3.
Slone was struck by a plow attached to the backhoe.
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Posted by ( CitizenOfLynchburg ) on May 16, 2008 at 2:51 pm
One more thing Amy...In Virginia, a person who drives on a public highway is deemed to have consented to have samples of his blood and breath taken for chemical tests to determine the alcohol or drug content of his blood. So no, you cannot be forced to take one, but yes....there are repercussions. Generally an officer will advise you of the consequences and offer you another chance to take the breath test before charging you with refusal.
Posted by ( CitizenOfLynchburg ) on May 16, 2008 at 2:48 pm
Amy, For manslaughter you can get 1 to 10 years. Under VA law a person may be punished for unreasonably refusing to take a breath test. Under the circumstances...someone dying, refusing the test would indeed seem unreasonable. If that person had a previous conviction within 10 years, either for DUI or another refusal, he/she could get locked up for up to 6 months. If he/she had 2 prior convictions within 10 years, the punishment can be up to 12 months. My guess is that may be the case here. Not the same as manslaughter.
Posted by ( amy ) on May 16, 2008 at 8:32 am
So, refusing to take a breath test is equal in punishment to manslaughter? How can that be when you cannot be forced to take one?