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Drunk Driver gets a Slap on the Wrist for Fatal Crash

Amber Wheat
Amber Wheat
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Posted by Amber WheatOctober 23, 2008 5:25 PM
Tags: Drunk Driving, Local, Collisions, Fatal
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I was shocked and very upset to read about Troy Hovey’s sentencing. Judge Robert Glusman handed down the weak sentence of 180 days in jail and three years probation for taking the life of Amit Tandon.

Mr. Tandon’s widow is pregnant and was unable to face the man who killed her husband in court, but she sent the judge a letter asking for the maximum of 10 years in prison. But friends and relatives of Hovey sent letters also, telling the judge about what a wonderful man Hovey was.

This case did not go in front of a jury. Hovey pleaded no contest to a felony charge of gross vehicular manslaughter while intoxicated and driving with more than .08 percent of alcohol in his system. In actuality, Hovey had a blood alcohol level nearly three times the legal limit He knew what he did.

I have always contended that drunk drivers make choices. These are not “accidents” (any good plaintiff attorney knows to call it “the collision”), but they are mistakes. Mistakes are made when people make wrong choices. Defense counsel cited addiction and alcoholism as excuses for him. The judge expects Hovey to “embrace recovery.” Hovey has tried twice before to get sober and was even participating in an outpatient program at the time of the accident.

What really irritates me is that Judge Glusman defends his ruling by saying that probation has not been prohibited in vehicular manslaughter cases and that means the Legislature wants judges to examine each case on its merits. Well fine! Look at the merits of this case! He knew he had a drinking problem (in tort law we call that forseeability), he went drinking, he got really drunk, he got back in his car, he raced down Highway 99 at 60-80 miles per hour, he crossed the median, and slammed head-on to a husband and soon-to-be father. He killed this man. Where is the justice for Tandon’s family?

The judge is confident that “this won’t happen again,” but his parting words are “If I find you’re drinking, I’ll be the last person you want to see.”

I am incredibly saddened by this outcome and it’s message to other drivers who drink and then take stupid risks. It’s not the drinking that’s the problem, it’s the driving after drinking. Get drunk to your hearts content, but STAY HOME. As citizens of America we have every right in the world to drink alcohol, but nobody has the right to put the lives of others at risk.

Am I being too harsh? I know I am coming down hard, but I firmly believe that there is no excuse for drunk driving in today’s day-and-age. With cell phones, taxi companies, public transit, volunteer drivers, and so many other options, drinking and driving should be a thing of the past.

What do you think?

3 Comments

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Lando
Posted by Lando
October 25, 2008 12:24 AM

Below is what my brother-in-law wrote. He knew Amit and also recently lost his 18-year-old daughter to a drunk driver (More ... ).


To the citizens and leaders of Butte County:

What is it going to take for Chico to finally admit it has a drinking problem?

The Chico ER, police chief Hagerty, and Universtiy president Paul Zingg all failed to admit the alchoholic source of the riots euphemistically referred to over the weekend as a “ruckus.” Now we have Superior Court Judge Robert Glusman’s inexcusably insignificant sentence of intoxicated driver Troy Hovey for killing Amit Tandon: 180 days jail (maybe) and three years probation.

Judge Glusman’s sentence represents our community’s estimation of the value of the innocent life that was taken. I, for one, believe life is more precious than that, and that Amit Tandon, a beloved Farmer’s Market vendor, caterer, husband and expectant father, deserved more respect from us.

Judge Glusman’s sentence reveals our community’s unhealthy attitude to alcohol and substance abuse.

Homicide by alcohol is treated as a minor offense. The innocent lives lost are acceptable consequences of our recklessly selfish pursuit of pleasure - unless and until we or our loved ones are affected. Troy Hovey was treated like a victim of his own crime, and the family of Amit Tandon was further victimized by the court.

What saddens me and frightens me is that Amit Tandon’s homicide obviously doesn’t matter to a society purported to value human life and a justice system charged with protecting the innocent and defending human and civil rights.

Amber
Posted by Amber
October 28, 2008 4:16 PM

Thank you for your comment. Your brother-in-law is very right. The whole attitude surrounding this tragedy is wrong. I am still in disbelief that this could happen in today's society. I wish the Tandon family all the best and I hope that they will see justice done someday. This whole situation just isn't right!

Susannah
Posted by Susannah
November 22, 2008 11:34 AM

I have owned & operated a traffic school in Chico & Redding for over 21 years. Why is it that Shasta County is so responsible for their public when it comes to DUI accidents & Butte County is failing? Shasta Co. takes this very serious now
& the leaders of their community have even made their own movie that is excellent, it's called "It Wasn't An Accident". Their judges & DA are coming down hard on the DUI offenders!
What is happening in Butte County? Is it apathy?
Is it who you know? 180 days in jail? Maybe when he gets out he should go & help Amit's family at the Farmers' Market if he is such a wonderful guy. I need to tell anyone reading this
make plans ahead of time when you are going to drink. Arrange rides, even if it's getting together with friends & paying for a limo....The worst consequence of a DUI wreck is YOU WILL HAVE TO CARRY IT IN YOUR HEART! What a horrible price to pay!

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