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"It's outrageous that a chronic repeat offender has fallen through the cracks in the system," said Assemblywoman Sheila Leslie, D Reno, who has been researching the state's drunken driving laws for the 2011 legislative session. "The public is at risk when our laws are not being enforced."
"I don't think anyone was aware of it or was using it," he said. "At that time, there were significant problems with the DA's office updating their statutes. It wasn't my responsibly. It was the higher ups'."
Gammick declined to comment.
He was found guilty of drunken driving causing death. At his sentencing, prosecutor Roger Whomes said Messoria had three prior drunken driving convictions and deserved an extended prison stay.
At sentencing, Adams did not order Messoria to have an interlock device in his car as a condition of getting a new driver's license when his sentence was complete. Adams said he did not know about the law requiring it at the time.
A communication breakdown among state agencies and an ignorance of the law allowed one repeat drunken driver to get out of prison and obtain a driver's license without having an interlock device installed.
Second, he should have had to wait three years before getting driver's license.
What happened in this case?
But none of those provisions of law were enforced.
Washoe County Assistant District Attorney John Helzer said the office provides training and instruction on new legislation. Whomes was on the Northern Nevada DUI Task Force at the time, and was expected to bring back information to the office, he said. Whomes' criticism is "without merit," he said.
Whomes also said he didn't know of the interlock law then.
"But first we need to ensure Saucony Shadow 6000 that our current laws are being followed and the punishments are Reebok Navy
"If I had known about it in that case, it would have been imposed," Adams said. "It was never mentioned to me by any prosecutor."
Source: RGJ research
Whomes is running against Washoe County District Attorney Richard Gammick in next year's election.
Of the last three year's worth of Department of Motor Vehicles records reviewed by the Reno Gazette Journal, Messoria was the only offender convicted of a subsequent drunken driving charge. Some experts have said that installing the interlock device prevents repeat drunken driving.
The Lander County district attorney did not follow the law when he charged Messoria with first offense DUI after his arrest in Battle Mountain in July 2008. The law states that any drunken driving arrests following a DUI causing death conviction must be charged as a new felony.
Another DUI arrest
percent at the time of the crash, according to police. The legal limit then was .10 percent.
The Nevada Department of Motor Vehicles Saucony Shadow 5000
Messoria's blood alcohol level was .15 Reebok Mens Shoes On Sale
System misses three chances to stop repeat drunken driver
State law requires a blood alcohol monitoring device, called an interlock, be installed in vehicles as part of sentencing in felony drunken driving convictions. Leslie said the state needs to evaluate whether the law should include all drunken driving convictions.
Messoria was drunk while driving his motorcycle on Pyramid Lake Highway with his wife, Sharon, on the back in September 1999 when he lost control and hit a guardrail. Sharon was thrown from the motorcycle and died at the scene.
Third, he should have been charged with a felony when he was arrested last year on a new drunken driving charge.
The Washoe County district attorney did not seek and a Washoe District Court judge did not order Charles Joseph Messoria to install an interlock device before being allowed to get a new driver's license once paroled on his felony DUI causing death conviction.
did not follow a law prohibiting Messoria from getting a driver's license for three years after being released from prison on a DUI causing death charge. He applied for and received a new license five days after leaving prison.
Three Nevada laws should have prevented Charles Messoria from driving drunk again.
On Oct. 3, 2001, Judge Brent Adams sentenced him to six to 15 years. Messoria appealed but lost, and he began serving his sentence.
No order for interlock
being enforced properly," she said.
First, he should have had to install a blood alcohol monitoring device on his car after serving prison time for killing his wife while driving drunk in 1999.
Messoria was paroled in December 2007 and arrested for drunken driving in Battle Mountain on July 31, 2008. Messoria said his mother had just died, and he "went off the deep end."
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