'Super drunk' driver who failed court-ordered alcohol test last week gets 6 months in jail
Derek Pike
Courtesy of the Washtenaw County Sheriff's Office
Washtenaw County Trial Court Judge Donald Shelton had some sharp words Tuesday before he sentenced a 24-year-old Troy man guilty of driving while "super drunk" to six months in jail.
Derek Pike, who had a blood alcohol content level three times the legal limit of .08 when he caused an accident in Ypsilanti in March, also failed a court-ordered alcohol test last week.
“What that tells me is that you've got a ... severe alcohol problem," Shelton said.
The 24-year-old man, who said he now lives with his mother in Rochester, explained that his friend's grandmother - whom he was very close to - recently died and he drank "a few beers" while grieving.
"You get drunk to grieve?" Shelton said. "It's on top of blowing a .26 and rear-ending somebody. While that's pending, you go out and drink again."
Pike was sentenced to three years of probation and fines. Shelton ordered Pike to take Antabuse, a drug that causes unpleasant side effects when alcohol is used, when he is released from jail. Pike has one day served in jail as credit.
Pike was charged under Michigan's new drunken driving law, which metes out harsher punishments to those caught operating a vehicle with a blood alcohol content higher than .17 percent.
In June, Pike pleaded guilty to operating a vehicle with the high blood alcohol content, as well as carrying a concealed weapon, possession of marijuana and failing to stop at a property-damage accident. A count of operating while intoxicated and a count of possessing a firearm while intoxicated were dropped.
At 2:05 a.m. on March 4, Pike rear-ended a woman's car as he was driving near the intersection of Washington Street and Ferris Street in Ypsilanti. Pike drove away, but police said he only made it a block before they pulled him over. A .22-caliber semi-automatic handgun was in in the car's glove box, and he did not have a permit for it, police said.
“I brought shame and embarrassment on myself,” Pike told the judge Tuesday. "I'm humbly sorry for everything that I've done."
John Counts covers cops and courts for AnnArbor.com. He can be reached at johncounts@annarbor.com or you can follow him on Twitter.
Comments
RJA
Thu, Jul 26, 2012 : 5:31 a.m.
Only 6 months for real?? Dawn Farms? One can walk away in less than 30 seconds and Dawn farm is done with him.
Madeleine Borthwick
Wed, Jul 25, 2012 : 7:21 p.m.
Good for you, Judge Shelton!! I am heartily tired of drunk drivers who get off with a slap on the wrist!!
lugemachine
Wed, Jul 25, 2012 : 3:08 p.m.
Perhaps we need a Super Duper Drunk law to address such circumstances.
nickcarraweigh
Wed, Jul 25, 2012 : 2:06 p.m.
If he showed up for sentencing with that mug shot expression on his face, he'd have got 20 years. But a guy who shows up for a court-ordered breath test with alcohol on his breath probably isn't thinking very clearly. Several months of coerced sobriety probably won't cure him, but it might help him want help, a mental awakening most 12 Step programs hold as a necessary foundation for success.
j hampton
Wed, Jul 25, 2012 : 1:45 p.m.
It seems no matter what the local judges do, the haters on this site want to be critical. Six months in jail is a long time for drinking. Before the "super drunk" law was passed, he would not have done any jail time. As for the antabuse, I am certain this man could have declined this option and agreed to sit in jail. He was given a choice....antabuse and freedom, or jail. He chose antabuse and continued to drink. It seems that the antabuse option was a creative attempt by Judge Shelton to keep this man out of jail, which we all pay for as taxpayers, and off alcohol. However, this man chose to drink and Judge Shelton dropped the hammer on him. I commend Judge Shelton for his handling of this matter. Of course, if we were in a different part of the world, we could just stone this fella to death and be done with it. I like our system better and I am glad to have judge Shelton.
Basic Bob
Wed, Jul 25, 2012 : 2:27 p.m.
"This man chose to drink" Active alcoholics do not have a choice, they have a drink.
Ron Granger
Wed, Jul 25, 2012 : 2:11 p.m.
"Six months in jail is a long time for drinking." He hit a woman while super drunk and attempted to flee the scene. He had a concealed weapon in the glove box without a carry permit. Plus some other charges. Please read the article. Six months is nothing for this probation violation and the countless charges in the original complaint.
Basic Bob
Wed, Jul 25, 2012 : 1:33 p.m.
Neither prison or pills will fix his problem. Why not send him to a residential treatment program like Dawn Farm? These tough on crime legislators and judges don't care what a prison stay costs the taxpayers, or how effective the sentence is at preventing future crime. It keeps them in the media and in power.
Kafkaland
Wed, Jul 25, 2012 : 1:13 p.m.
I think judges should stick to their scope of practice, that is judging, and not practice medicine as we expect physicians to stick to theirs, that is treat patients, not judge them. A judge is qualified to use the tools of criminal law like fines, jail time, loss of licence, etc. to punish an offender and protect society, but not to read lab results to determine whether a medication might be contraindicated, for instance. Similarly, a physician would, or at least should, never judge and refuse to treat a gunshot would, for instance, because he thinks it happened in a drug deal and the patient deserved it. These are very different professions, with very different training and skills, and we should not conflate the two.
Ron Granger
Wed, Jul 25, 2012 : 1:58 p.m.
Perhaps it did not occur to you that a physician will prescribe the drug and monitor the patient. But nice use of conflate, however inappropriate.
eone
Wed, Jul 25, 2012 : 1:07 p.m.
Boy the court showed him a thing or two!!!! Six whole months is that like a life time to a victim?
Hmm
Wed, Jul 25, 2012 : 12:59 p.m.
So the court can force you to take drugs? When did that start being allowed?
RunsWithScissors
Wed, Jul 25, 2012 : 1:08 p.m.
I don't think this is a "force" scenario. I'm guessing that he had a choice between taking Antabuse or a very long jail sentence. Since he has to show up daily for a dose of Antabuse, it's likely that the authorities can keep a close eye on him. This just might be better than an extended jail sentence.
EyeHeartA2
Wed, Jul 25, 2012 : 12:44 p.m.
"A count of operating while intoxicated and a count of possessing a firearm while intoxicated were dropped when." When what? He slipped the prosecutor a hundie'? He alluded to the possession of embarrassing photos? He promised to be a good boy? a pinkie promise? What? Inquiring minds want to know?
John Counts
Wed, Jul 25, 2012 : 2:18 p.m.
It was just a typo, an extra word that has since been removed. Thanks for pointing it out.
RunsWithScissors
Wed, Jul 25, 2012 : 1:03 p.m.
It's just a typo. Take a deep breath and move along.
Kafkaland
Wed, Jul 25, 2012 : 12:30 p.m.
Antabuse can have serious side effects, and the legality of court-ordering this is at least somewhat questionable. From the official Rx info: OPTIC NEURITIS, PERIPHERAL NEURITIS, POLYNEURITIS, AND PERIPHERAL NEUROPATHY MAY OCCUR FOLLOWING ADMINISTRATION OF DISULFIRAM. Multiple cases of hepatitis, including both cholestatic and fulminant hepatitis, as well as hepatic failure resulting in transplantation or death, have been reported with administration of disulfiram. Occasional skin eruptions are, as a rule, readily controlled by concomitant administration of an antihistaminic drug. In a small number of patients, a transient mild drowsiness, fatigability, impotence, headache, acneform eruptions, allergic dermatitis, or a metallic or garlic-like aftertaste may be experienced during the first two weeks of therapy. These complaints usually disappear spontaneously with the continuation of therapy, or with reduced dosage. Psychotic reactions have been noted, attributable in most cases to high dosage, combined toxicity (with metronidazole or isoniazid), or to the unmasking of underlying psychoses in patients stressed by the withdrawal of alcohol.
Madeleine Borthwick
Wed, Jul 25, 2012 : 7:16 p.m.
kafkaland, boo-hoo to the poor drunk. like gb946 says, any side effects he gets he totally deserves,
Matt Cooper
Wed, Jul 25, 2012 : 2:15 p.m.
"...and the legality of court-ordering this is at least somewhat questionable." Questionable? To whom? This has been a long standing practice and has been affirmed at every level of the court system.
gb946
Wed, Jul 25, 2012 : 12:35 p.m.
Driving Drunk can have serious side effects, Death of innocent bystanders. He can take the Antabuse and deal with what ever side effects he gets.
Bcar
Wed, Jul 25, 2012 : 11:16 a.m.
ONLY 6 months? super drunk and FAILED a test on top of everything else he's done? good thing this new law is harsher or we'd be giving him a new car and a salary...eyes rolling...
Bcar
Thu, Jul 26, 2012 : 11:28 a.m.
p.s. to bad he didnt hit a duck while drunk...
M
Wed, Jul 25, 2012 : 11:10 a.m.
Can judge's make you take pills? That seems cruel and unusual to me. That said, glad this guy got what was coming to him.
actionjackson
Wed, Jul 25, 2012 : 10:46 p.m.
The defendant agreed upon sentencing to step 2 should plan 1 fail. Another common part of sentencing is that a breathalyzer must be installed at the expense of the convicted person. First is installing the equipment, then the monthly rental fee for a period of time that the court insists on a case by case basis.
Matt Cooper
Wed, Jul 25, 2012 : 2:13 p.m.
And yes, it has been a long established practice that judges can order driminal defendants to take certain medications such as Antabuse.
DBH
Wed, Jul 25, 2012 : 12:31 p.m.
@Gary Hann, I think you have misstated the consequences of alcohol ingestion while taking Antabuse. According to Drugs.com (http://www.drugs.com/antabuse.html ), "Flushing, fast heartbeats, nausea, thirst, chest pain, vertigo, and low blood pressure may occur when alcohol is ingested during Antabuse therapy."