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Posted on Wed, Sep 14, 2011 : 1:02 p.m.

Driver who injured 3 passengers after crashing into a tree sentenced to up to 5 years in prison

By Kyle Feldscher

A 21-year-old Detroit woman will serve up to 5 years in prison for driving drunk and causing a crash last fall that injured 3 passengers in Lodi Township, according to a Washtenaw County Sheriff’s Office representative.

Amber Baldwin was the driver of a car police say she lost control of at about 2:50 a.m. Oct. 9 on Ann-Arbor Saline Road near Wagner Road and hit a tree. The crash caused 1 passenger to suffer substantial head trauma and another passenger to be ejected from the vehicle and injured. A third passenger walked away with minor injuries.

According to sheriff’s office spokesman Derrick Jackson, Baldwin said she regretted her actions that night and believes she changed the injured passenger’s life for the worse.

“(I’m) remorseful that I decided to drive that night and, because of my choices, a terrible thing happened to an innocent person and their life has changed forever,” she said. “If I could trade places, I would.”

Judge Donald Shelton ignored the sentence of 12 months in prison recommended by the circuit court's probation department. Shelton said Baldwin’s history of failed rehabilitation attempts played a role in his sentence.

“The reality is you came into this incident with a history of failed treatment and chemical dependency rehab,” Shelton said. “Even after that, you came to this court using again while on bond.”

The passenger who suffered head injuries, Sara Meshiguad of Ann Arbor, has filed a lawsuit against Baldwin related to the incident. Meshiguad alleges that Baldwin was negligent by driving at a high rate of speed, failed to yield the right of way and was driving under the influence.

The lawsuit claims Meshiguad suffered a severe brain injury and was in a coma after the accident. Meshiguad also names the car’s reported owner Cherie Ann Ray in the lawsuit, alleging Ray was negligent by allowing Baldwin to drive and knew Baldwin had a history of negligent driving.

Kyle Feldscher covers cops and courts for AnnArbor.com. He can be reached at kylefeldscher@annarbor.com or you can follow him on Twitter.

Comments

Ricebrnr

Thu, Sep 15, 2011 : 12:07 a.m.

And whn she gets out willshe be allowed to get a license, drive nd own a car again?

tinkerbell

Wed, Sep 14, 2011 : 10:18 p.m.

What is the minimum and what is the maximum for this sentence. Poor reporting.

Roadman

Thu, Sep 15, 2011 : 12:36 a.m.

Probably 15 years in prison for OUIL causing death.

mojo

Wed, Sep 14, 2011 : 8:32 p.m.

Some how the message of drunk driving simply does not get out to the public. Perhaps a 0.0 limit would be better - that way when you go out to the bars you either drink up or don't drink at all - no squishy middle ground.

DBH

Wed, Sep 14, 2011 : 9:58 p.m.

Any retail establishment that serves alcohol likely would be very opposed to your suggestion. Nonetheless, I personally find merit in it.

RJA

Wed, Sep 14, 2011 : 8:12 p.m.

Great Job Judge! I personally thinks she needs 5+ years not just up to. (she wasn't even the owner of the car) Perhaps they each should have called a cab. (much cheaper in the long run of things here).

cinnabar7071

Wed, Sep 14, 2011 : 6:11 p.m.

I have a problem with the passenger sueing, unless the passenger didn't know she was drunk? What ever happened to personal responsability?

Roadman

Wed, Sep 14, 2011 : 6:23 p.m.

Michigan law recognizes comparative negligence of persons becoming passengers when the driver is known or suspected to be an intoxicated or impaired driver due to alcohol consumption. Under the Michigan Tort Reform Act an injured persons monetary recovery against the driver at fault can be reduced by the percentage the jury determines the passenger's negligence in entering the vehicle contributed to their own injuries. If the passenger is deemed over 50% at fault for their injuries - the at-fault driver may evade responsibility altogether - but this would not preclude payment of no-fault insuance benefits for out-of-pocket losses.

Roadman

Wed, Sep 14, 2011 : 5:31 p.m.

Good job by Judge Donald Shelton, who is clearly the most intelligent, prepared and judicious jurist on the Washtenaw bench (in stark contrast to his circuit court colleagues). If a person released on bond continues to commit substance abuse after a tragedy and ensuing felony charges occur, stern punishment needs to be meted out. Shelton articulated valid reasons to go above prosecutorial recommendations. My sympathies go out to the victims and their families who will continue to endure the consequences of a driver's decsion to drink and drive.

Roadman

Thu, Sep 15, 2011 : 12:35 a.m.

@Tinkerbell: What about the Ira Bevins, Jr. case, the accused CSC defendant free on bail who had bond restrictions requiring alcohol testing. Judge Swartz grants a defense motion to drop the testing after several months out on bond without incident. Bevins allegedly consumed alcohol, killed his mother, set a fire after at the mother's home and was killed by Sheriff's Dept. deputies in a shooting after they confronted him.

tinkerbell

Wed, Sep 14, 2011 : 10:17 p.m.

AS a retired probation officer, I have to say Judge Swartz is the best judge in Washtenaw County.

Tom Joad

Wed, Sep 14, 2011 : 5:24 p.m.

People wonder why we pay the highest auto insurance rates in the country.