Posted on 07/08/2005 6:14:56 AM PDT by Pharmboy
WEST PALM BEACH, Fla. (AP) - A woman who was forbidden from driving after pleading guilty in a fatal crash was sentenced to more than seven years in prison for violating probation when she took her children to school. To avoid jail time, Sonia Ortiz, 25, had accepted a plea deal in August for her involvement in a 2003 crash that killed West Palm Beach Police Officer Thomas Morash.
Ortiz, who did not have a license, pulled out in front of Morash, who was on a motorcycle, according to a Florida Highway Patrol report. She was charged with driving without a valid driver's license causing death.
She was arrested again April 15 after a Palm Beach County sheriff's deputy saw her driving alone after dropping off her children at their elementary school.
Ortiz said in court Thursday that she had no other way of getting the four children to school.
Circuit Judge Jorge Labarga said she would continue to flout the law and drive.
"It's now my duty to protect society," Labarga said.
"It's now my duty to protect society," Labarga said.
Can we clone this judge?
She was driving without a license and failed to yield. Both are criminal acts.
Second, banning her from driving at all would, IMHO, violate her right to travel freely.
First off, I don't remember anything in the constitution about a right to travel freely. Second off, she isn't prohibited from traveling freely, she's prohibited from driving. She can still ride as a passenger in public and private conveyances.
Third, the sentence was excessively harsh because it wasn't just your average Joe who was killed.
The sentence was a result of her own plea bargain. She didn't have to agree to the terms, she could have fought it in court. She agreed to the terms of the plea bargain in lieu of possible jail time and then failed to uphold her part of the deal.
Say the kids were 4, 5, 6, and 7 (I'm assuming full-day taxpayer-funded daycare for the 4-year-old), she's have been 18 when the oldest was born ... not an infant, by any means. (/irrelevant speculation)
She was in a catch 22 syndrome .
Often people who have lost there driving priviledge , who also live in rural areas outside public transportation are ordered to attend driving classes etc. many miles from there homes . Many have to drive illegally to get there .
Catch 22 .
", banning her from driving at all would, IMHO, violate her right to travel freely."
Huh? She can still take the bus or ride as a passenger in someone elses vehicle, ride on an airplane or a ship, walk or use a horse and buggy.
Restricted 'right to travel' is when you are on probation and cannot leave your home or you are in prison.
This sentence does seem unduly harsh. I don't see where society is being protected. Seizing her car and sending her to jail for 90 days would be more appropriate. Seven years is ridiculous. I could understand seven years if the offender was a repeat drunk driver who flagrantly drove without a license because they lost their license for repeatedly driving drunk!
Operating a motorcycle on a public road is an inherently dangerous activity. The cyclist needs to assume some risk involved.
What are you two, the "Unskilled, unlicensed drivers that cause fatal accidents defense fund" or something?
Anyone causing a fatal accident while driving unlicensed should face criminal charges. And the police should always take it seriously when some driver pulls out in front of a motorcyclist, not just if it's a bike cop. But saying that it's an accident, as in it was not her intention, does not absolve her of responsibility for the death.
Requiring her to get a license, insurance and training would have been an appropriate penalty for getting caught driving without a license, but once she caused a death while driving illegally a stronger punishment was clearly justified.
She got what she deserved - she broke the terms of probation. What is the right to travel freely?
Circuit Judge Jorge Labarga said she would continue to flout the law and drive.
"It's now my duty to protect society," Labarga said.
xxxxxxxxxxxxxxxxxx
What an idiot judge. This is so stupid. It is beyond the pale.
Socialism at its best. A clinton appointment for sure. We arae the state and we know what's best. Break up the family, take the kids away from their mom and place them is foster homes. HOW STUPID.
This womans driving her kids to school is not a felony offense.
"First, it was an accident that the officer was killed, not a criminal act. The article states that she pulled out in front of the motorcycle cop."
Driving without a license is a criminal act. Driving a vehicle on a public road comes with responsibilities. Those responsibilities include getting a valid driver's license and insurance.
Accidents do happen. Motor vehicles have the capability do tremendous damage. In order to prevent people who are not capable of driving safely there are licensing requirements determined by the state. In order to make sure people are capable of compensating others properly when accident's happen, insurance is required.
She did not fulfill her responsibility. She did not have a license. That is a criminal act.
"Second, banning her from driving at all would, IMHO, violate her right to travel freely. It puts an undue burden on her to get her children to school and the doctor and to get groceries."
Her right to drive is being restricted because willfully broke the law. Here right to travel freely is still intact because she has the same options as someone who doesn't own a car. Otherwise, not providing someone with a car would be restricting their right to travel freely.
Driving is a privledge that requires you to accept responsibilities. If you can't handle the responsibilities, you don't deserve the privledge.
"Third, the sentence was excessively harsh because it wasn't just your average Joe who was killed. Apparently some animals are more equal than others. It is sad, but the reality is that if you ride a motorcycle, you are much more likely to have a car pull out in front of you."
Her sentence was simply probation and not being able to drive. She shouldn't have been driving in the first place since she didn't have a license.
Her original sentence was rather generous considering the fact that someone died from her actions while she was knowingly breaking the law. However, the sentence was on the stipulation that she accept the responsibility for her actions and not drive. This was something she agreed to in order to avoid the full legal consequences of her actions.
She broke her probation.
She made it pretty clear to the judge that she has no respect for the law, and she would continue to do as she pleased. That made if very clear for the judge that it was his responsibility to declare her in violation of her probation.
Her actions are what put her in jail. She was even given a second chance, and chose to break her probation. She's where she belongs.
Good call
Ortiz, who is pregnant, has remained in jail since her arrest while her three young children are at home, cared for by her sister. Her husband, Geamny Perec, said he does not understand why his wife was denied bail for what he said was an accident.
ikka
Bad call
"Amazing... she had not served a day of jail time at all."
absolootezer0
"what about insurance?"
You are kidding, right? My children are so expensive I can't afford insurance would be her reply.
He can't. He's dead.
Thanks, when I saw blood's three-point rundown I thought, oh, hell, I cannot ignore this--he is so wrong. Then I read down and saw where you straightened him out. Good job.
Plus, one does not have a "right" to drive. One must obtain a license, which denotes the state according you a privilege (not a right). The privilege comes with certain mandated requirements - being a qualified driver, having insurance, etc. The more of this kind of scum we can get off the roads the better!!!! Over 40% of drivers in S.Florida do not have insurance - and I have the privilege of having to pay for it with "uninsured motorist" coverage. That cost is substantial, and yes I resent it.
Any cyclist needs to assume some risk involved. Pardon the confusion.
According to a witness, Morash turned on his blinker and changed to the farther lane seconds before the crash.
If she's been a pedophile, she'd be free today.
Good point.
Instead of pulling out in front of a motorcycle, next time it might be a loaded eighteen-wheeler.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.