FOX Focus: Still behind the wheel

Reported by: Kristin Lowman

Videographer: B. Flynn
Videographer: B. Sanders
Editor: B. Flynn
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Updated: 5/16/2011 11:36 pm
They have multiple convictions on their record, and some still allowed to have their license.

They are repeat DWI offenders.

Some don't have one or two convictions, but as many as eight. And prosecutors say there are new cases coming in every day.

So why are they still behind the wheel?

A Schenectady County woman convicted of DWI eight times, is now charged with her ninth.

A Syracuse man could face life in prison, after being convicted last month of his ninth felony DWI.

These convictions are proof repeat offenders are out on the roads driving with or without a license.

Bill Dikant of Castleton says, "Its got to stop. I think someday maybe it will happen."

For 30 years, Bill Dikant has talked about the dangers of drinking and driving. Three decades ago he lost his wife, two of his children, killed by a drunk driver.

In the years since, as a first responder he says he has witnessed too many crashes involving alcohol.

Dikant says, "I wish they could hear the screams and see the young children and teenagers put on a gurney, the way medics pump them full of stuff to keep them alive. Its a shame. Its a shame."

But Bill's stories, even a conviction sometimes isn't enough to serve as a wake up call for some drivers.

In March, Heather Higgins of Rotterdam was charged with her ninth DWI after she allegedly hit a pole on Mohawk Avenue. Records show Higgins' first DWI conviction was in 1979, her last in 2002.

She has done jail time, prison time, even lost her license for several years, getting it back in 2009.

Two years later, her license is now suspended.

Mary Tanner-Richter is head of the Vehicular Crimes Unit in the Albany County District Attorney's office. She says every day she sees people with multiple DWI convictions. Each week new cases come in, no end to the work they do.

Tanner-Richter says, "I've had the same defendants on felony after felony, people that have come out of jail, and people that are now in state prison."

In some cases, the reoffenders are driving without a license like Dean Tuszynski of Syracuse. He is convicted of his ninth felony DWI.

In others, like the Higgins case in Schenectady County, she got her license back.

FOX23 News made repeated calls to the DMV for comment on how this was possible, but calls were never returned.

After Higgins arrest back in March, a DMV spokesperson told FOX23, "When an individual's license is revoked, they have to reapply with the DMV. During that process, we make the determination about whether that application should be approved or not."

Tanner-Richter says, "Even though you may have met your revocation, they have the final say on if they give back the license. Contrary to popular belief it is not a right, it is a privilege, they make that determination."

But STOP DWI advocates have said they DMV needs to be tougher when reoffenders apply for a license.

Dikant says, "A New Yorker with a valid pistol permit goes out and commits a misdemeanor, goodbye license."

Dikant says for drivers it should be three strikes then no license.

Prosecutors suggest more education, increasing interlock systems in vehicles, and everyone on board including judges, lawyers and the community on tougher penalties for drunk drivers.

But Dikant says some may never learn, sadly making a choice that could not only cost them their life, but possibly take another.
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The views expressed here do not necessarily represent those of FOX23 News - The 10 O'Clock News - Always at 10 - Now Also at 11

DanR57 - 5/23/2011 5:14 PM
0 Votes
As a matter of fact, Willum, I am. No lucky babe has snagged me yet. Tracking your email? nahh. Google search is just fine for someone with as high a profile as you. I have an interest in justice, and the voices of hysteria such as yourself are easy to stumble accross. You ever plan on making justice your primary concern, and stop agitating for revenge and fascism?

Bill Dikant - 5/23/2011 11:14 AM
0 Votes
Well Hello dere DanR57, damn you myst be tracking my mail, are you still checking out the singles groups on the internet?.

DanR57 - 5/22/2011 1:29 PM
0 Votes
Geeez, Billy, you and your "Highway Terrorist". What you are doing woth your drivel is perpetuating the myth that there is a vicious, sadistic drunk driver hiding behind every corner waiting to slaughter some innocent "victim"; as well as perpetuating the hatred and vindictiveness toward anyone even CHARGED with DUI, that keeps Unconstitutional laws in place, and results in those not being able to receive a fair trial...perpetuating myths like breathaliars are acurate, and .08 is intoxicated, denying obvious scientific evidence that can support a not guilty verdict for someone so accused. I remember when I was much younger, the NHTSA-like agencies promoted "drive defensivly"--you know, back in the day when individual responsibility acounted for something--back before everybody could claim some brand of "victimhood". Even in the tragedy that set you on your crusade, one wonders how defensive driving might have helped prevent some of the harm. Sure, DUI is a crime, and should be punished, but the punishments should be JUST, dare I say, even fair, rather than judges, prosecutors, and activists like you and the MADDers, having the system in their hip pockets, while they suck on the teat of groups like you and yours, rather than DO THEIR JOBS, and find the truth, and administer JUSTICE, not REVENGE, carrying capricious verdicts and penalties, in the name of serving the canonized victims they're alledged to have created.

Bill Dikant - 5/17/2011 8:12 AM
0 Votes
Cont. That same lawyer, at a Victim Impact panel in Clifton Park told those in attendance that they "Were not Criminals", They were just good people who made a "MISTAKE", in that assembly,a woman, 3 time "Terrorist" was there, dozed off when we were speaking, all he spoke that night was for the benefit of his firm, and nothing else.D.W.I. is not nor will ever be a "MISTAKE" B.D.

Bill Dikant - 5/17/2011 7:54 AM
0 Votes
More education, The media educates the "HIGHWAY TERRORIST", almost daily,Drivers handbook does,Awareness programs as I have every December on Rt.9j, Ed. Frank @ Choise's 301, R.I.D.,M.A.D.D. ,S.A.D.D. The biggest problem is a Lot of the prosicuters, District Atty's. hand out plea bargains left and right.Why because it makes them look great at election time,saved the county MONEY with no Trials for this;;;;;"Americas only socially aqccepted crime of Violence".At the Albany D.W.I. Victim Impact Panel they have hundreds appear as in Rensselaer county, where we get over 500 convicted "HIGHWAY TERRORISTS" a year, and growing. The Key is that, "The criminal charges force people to confront the addiction of alcoholand the vast majority respond to it" Quote from a Noted Albany D.W.I. lawyer.Some people have said that it's all in the Money, yes it is "All for the money,in Lawyers fee's" Bill Dikant, D.W.I. Victim Advocate, Castleton. N.Y. `12033-1604
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