A middle-aged trucker has been sentenced to life in prison plus an additional 15-year jail sentence for charges stemming from a fatal crash in 2011 that took the lives of two women.
Jennifer Jenkins, 35, and Kathleen O’Callaghan, 34, were driving to a friend’s party with Jenkins’ husband and 2-month-old daughter following in a separate car behind them. In the sentencing hearing, Dan Jenkins described watching a truck cross a double yellow line and slam head-first into the car containing his wife and friend.
Other witnesses described how Michael John Phillips, the 52-year-old trucker, had been driving erratically before the crash. They claimed that he was speeding up and slowing down for no apparent reason, swerving along the small country road.
According to the Naples Daily News, his defense attorneys claimed in court that Phillips had fallen asleep at the wheel at the time of the crash, and that “he does not have a conscious recollection of the accident.”
Florida sentencing is determined in part by a points system. In order to be eligible for a life sentence, a defendant’s “score” must be 363 or higher. Phillips’ score was 364.4, just barely eligible.
But for the judge, testing positive for methamphetamines was enough to throw the book at Phillips. Not only did he give Phillips a life-sentence, but also added on a 15-year sentence on top for DUI manslaughter.
“Mr. Phillips, by his decisions, weaponized a commercial vehicle,” said the judge.
Phillips’ defense attorney says he plans to file an appeal of the decision, but for the families of the deceased women, they’re seeing this as a win.
“Now I can tell her the man is in jail for the rest of his life,” Dan Jenkins said of his now-6-year-old daughter. “I can look at her and say that man will never hurt anybody again.”
Source: naplesnews, wctv, naplesnews, naplesnews, florida
TruckerKevin says
He should have become a serial stalker rapist killer. It carries the same sentence
Charli says
Kevin.. starting with you cupcake?
William Watson says
JUSTICE!!!
Rick Smith says
I knew of truckers who drove wired and boozing.
There should be a MANDATORY decade in prison, no probation or parole, for any trucker who comes up dirty on a piss test.
No questions asked. All of their worldly goods should be confiscated and sold to pay for their incarceration too. NO MERCY.
Samuel Gallezzo says
Why not do that for anyone testing positive while driving?
Shawn gherity says
There ya go😊
Lee says
AMEN
Dan says
Why not hold that same standard for any official position as well? If we are to be held to such high standards, why are not the ones who claim to hold the power of life and death not held to the same standard at the very least?
Captbob412 says
In many states if a Judge or LEO commits a crime, punishment will be more severe, as that person can’t claim” Ignorance of the Law”.
john says
I agree why just punish the commercial driver just punish everyone that breaks the law. To really cut our head off but let the car drivers off with a slap on the wrist this is another form of discrimination we are people in this country
Allen E Carter says
Exactly even motorcycles, cars , pic ups. Pls don’t forget the Judges, lawyers & Doctors the untouchables.
James Allen Oglesby says
Amen… only CMV’s can be weaponized?
Flatbed Fred says
Agreed
Leon Alexander says
Exactly do thst to anyone who drives under the influence not just truckers cause most of us truckers are drug free and we are good guys. Dont demonize all truckers because of one persons bad decision
Shawn gherity says
How about we extend the same including the piss tests to every highway user?
David Massey says
That would be one hell of a boon to taxis, Lyft, and Uber etc.
How about we use real time sampling that can tell if someone is actively, legitimately, and actually under the influence at the time in question?
The reason we don’t have a full spectrum of those tests available is that there’s more money in finding that someone has used something that week/month/year whether or not it has any bearing on an infraction or crash.
If somebody is indeed under the influence at the time, sure, crucify them.
Truckergurl says
You are ABSOLUTELY right! Passenger cars kills others daily on highways! Why not test them also!
Jerry Cook says
As I said in an earlier post, cars don’t kill anyone but the drivers controlling (or NOT controlling) because of alcohol, drugs, or lack of sleep. Cars, Trucks, Guns, Knives, or any other weapon is only a weapon if it is to be used by a HUMAN!
Robert says
Actually in the accidents causing death the driver is tested for drugs and alcohol.
zee says
double down on grandma and grandpa.
Henry johnson says
I understand the punishment if you drive a commercial vehicle under the influence. I also understand that there are a lot of instance where the driver wreck a commercial vehicle just from exhausted driving. Should his driver manager be punished also for making him choose between safety and security?
Jude Ossowski says
was the driver manger at the wheel? I didn’t see anything in the article, or the one right after this wreck, that implied the driver was somehow being “forced” to take drugs and drive. Do you know something oyu’re not sharing?
Peter says
In Australia we have COR which holds everyone in the chain of the goods being transported. If that happened here the Manufacturer of the good to the transport owner the loading agency the forklift driver and anyone in between would have to prove their innocence in the court system. That driver would never been allowed to leave the yard.
Debbie says
yes because if you are that tired you need to pull over. if they fire you go find another job. They are not someone you want to be working for anyway.
John Shidagis says
If you do that you need to put the rest of the car drivers in jail for life and that includes your son your daughter and you i know you have drove a car buzzed.You are no better than the rest of us!!!!
Alt311 says
Why limit your idea to truckers? Let’s do this for everybody and include alcohol use as well.
David says
I’ve been saying for a long time, if you kill some one while driving under the influence it should be an automatic death sentence. Doesn’t matter what you are driving, you took the life of another, you lose yours. And if they would put an automatic death penalty in place for murder, you would see the crime rate drop back to levels not seen for 40 years.
Thomas Thompson says
Some drugs remain in your system long after the effects have worn off!
Smoke a joint, and its still in your system almost a month later!
Hopefully they can distinguish the time.
Id like to get high on my non driving time, but its to risky to take the chance. You could be hit by a drunk and still loose!
I have a dash cam also for my protection!
Smart!
Terrie walker says
I agree.everyone not just truckers. I’ve been out here over25 years and I see how hard it is to drive out here.
Show Time says
Drug test are not accurate bud and you and anybody else would make that claim in court as well. Jail is fine enough for anyone, if only you knew what goes on on jail I think you’d agree it ain’t no vacation.
zee says
it would destroy the IRS tax system.
BT says
Geez Rick, I for one wouldn’t be driving a truck anymore effective immediately if your punishment was put into place. There have been too many false positives found using the so-called Pee test, with more to come as the test just gets more sophisticated as time goes by…did you know there are at least trace quantities of all kinds of elements, including a lot of drugs by the way, in even the water we drink? I don’t even take any prescription meds save for a 5mg B.P. one every day but it wouldn’t surprise me to eventually get a false positive result sooner or later.
Lee Hall Jr says
Mr Smith… I noticed that you used certain words in your response to an article, of a sentencing of a truck driver! If you do not miind me asking, what are your religious beliefs?
Allen E Carter says
Rick is it ok with you if the court stripped your wife & children butt naked because of your mistakes?
hawk spears says
that should be for everyone not just the trucker
Daniel C Swift says
I agree with you. However, why not hold all people to the same standard? My suggestion is, unless you have been in someone else’s shoe you have no idea of their reasoning behind their behaviour. Therefore, if we are going to draw a line in the sand only punishing behaviour why not draw the same lube for all?
Daniel C Swift says
I agree with you. However, why not hold all people to the same standard? My suggestion is, unless you have been in someone else’s shoes you have no idea of their reasoning behind their behaviour. Therefore, if we are going to draw a line in the sand only punishing behaviour why not draw the same line for all?
Jeff says
Driving under the influence of drugs or alcohol it’s not just a trucking industry issue. It is a nationwide epidemic among drivers of all types of vehicles. Sentencing should be the same regardless of the vehicle a person is driving under the influence.
Terry says
Agreed. Are not the victims just as dead whether the vehicle is commercial or not?
And what about the non-commercial vehicle that causes the crash of a commercial vehicle, which is the case 80% of the time.
Terry Waters says
Add cell phone use while driving as well, even hands free. It’s proven even more likely to cause a crash.
Bill says
Fun fact. Fine for a person driving a car while texting.. $100. Fine for a commercial truck driver.. $13,700.00. That’s not biased at all.
jesus h christ says
Right, there seems to be some virtue signalling going on here.
Jay Stensrud says
I just fell in love with you. Not like that weird way. Man stuff would change quick. DUI First offense. Mandatory 10k and 1 year in jail. Second. Mandatory 50k and 10years in jail. Any questions. God Bless ya brother.
Ben says
Same for everyone
Don M says
Lets do this for everyone, not just truckers.
buck says
Yep i absolutely agree no more dopeheads
Michael A Zirkle says
And for being on the cell phone.
Darrell says
Nice job Driver, now we have more families including a next generation child growing up to hate truck drivers.
An accident is one thing but being under the influence of alcohol or any drug deserves life in prison. I only hope the public sees this as a individual case and not all drivers are running around intoxicated. For the most part they are just hard working men and women with a passion for the open road and are as upset about these incidents as much as the general public.
Chuck Franklin says
Why just the guys in the big rigs it should be any body n the people I cars n pickups should take the test at the police station where they check the rigs on the side of the road ways as well, don’t you think.
Terry says
You can thank truckers from back in the day that popped pills, drove too fast, cheated on their logs, made asses of themselves on the CB and most of all bullied everyone in a four wheeler. There’s still a few out there like that but things have gotten a lot better. It’ll take more time to overcome that old image.
Jude Ossowski says
I think ALL of the “standards” used to keep truck drivers in check should be applied equally to ALL drivers. That would include physicals, testing for the so-called “sleep apnea” (that every driver seems to have), random drug testing, periodic road testing, background checks, and limits on how long they can work/drive.
Rose Mummert says
Drinking and driving I don’t care if it’s in the car or a truck that’s what he gets matter fact I believe in the death penalty
Jesse says
Mrs. Mummert, how many times have you seen a family member do the same thing. Just one drink and they say they can drive. A family member or a friend. Would you give them the death penalty??
Jesse says
Mr. Smith if you knew of any trucker drinking and operating a commercial vehicle, what did you do about it? Did you tell anyone? Did you call the police? If you knew of anybody operating a vehicle and did nothing about it you should be held also. You are guilty as he is. If it was me and I have called the police when I see a driver take a six pack of beer to his truck and then drive off. I also call his company the safety department and informed them of the action taken.
PETE says
Whos got the 40oz and a meth straw babyyy yea!!!!
Sam Mitchell says
Serves the MF’er right! He broker the law in every way possible!!!!! Been there done that over the years, but in the past I used to work for OUTLAW trucking companies! Not NO More, work for 100% legal company! I’m from Florida, and I commend the Judg!!!!
Robert William says
You really have to ask ????
Because the responsibility is so very much greater for a person driving a big rig, it is a commercial operation for profit, the potential for damage is far greater.
I guess by your question, a tanker ship should abide by the same set of rules as a skiff.
Kevin says
Doesn’t sound like he was drinking & driving!If he fell asleep, granted he should have stopped! But Ya’ll weren’t there! Also, U don’t know what his bills were or his family situation, nothing!!! So don’t Judge Ya’ll! blame an Industry that doesn’t pay for crap except for 10% of the drivers!! Plus, I wouldn’t want to be that Judge on Judgement Day! Talk about going over board! The Driver’s Lawyer should appeal, especially if it was the guy’s 1st Offense & up till this incident had a clean record! I grew up learning, if U ain’t got nothing good to say, keep Ur damn trap shut!!! That’s what I say to ya’ll!!! What if U were that driver!!! So just because an ACCIDENT happened & some poor family had their lives basically ruined! Does not mean it’s right or correct or “justice” to ruin the other person’s!!! I’m just saying! Ya’ll need to think, be4 opening Ur mouths!!!! What if it was U ?????
Jonny Sponar says
Agreed, not deserving of a life sentence
Jared says
Umm….he tested positive for meth. Completely deserving. Even then, you choose to drive tired, you may as well drive drunk.
K Spive says
Kevin,
Further down in the article, it was revealed he had methamphetamine in his system. Not just a matter of falling asleep.
Respectfully.
Ken
Thomas Thompson says
Meth is taken to keep you awake!
So it may have been in his system, but the effects had worn off, and he wasn’t under its influence anymore.
I think the legal system needs to distinguish a hot piss test from a hot and under the influence!
David says
Believe you missed the part of him being on drugs.
jim says
didn’t miss the part on drugs still don’t no way a drunk or drug 4wheel drive gets a slap and short jail time
StevenJ says
There but for the grace of God go all of us! He without sin cast the first stone.
Mick says
As a truck driver myself, I cannot condone any portion of the truck drivers actions. And here you are basically defending a man by saying “you don’t know his bills” and how his life is? Let’s get one thing straight from someone who drives a truck and knows the pressures and stresses of this industry. You are the one that says “NO”. NO, i can’t do that load today. No, i won’t driver tired today. No, i won’t push my limits today. No, I won’t use an illegal substance. At some point in time a serious lack in common sense passed this driver. He chose wrong and people died as a result. As a truck driver we all know the possible outcomes, responsibilities and repercussions of our actions. How many times had he gotten away with it? How close had he come before too killing someone? Standing up for another driver like this just because he is a driver is ignorant and makes me think you’d be the kind of person who would possibly make the same kind of mistake. If that’s even remotely near the truth, hand in your cdl, coz i don’t want to be on the road with you.
Terry says
Bravo! Well said.
There are many excuses but no valid ones for that driver operating impaired and it cost two innocent lives. It’s only just that he not enjoy the rest of his.
This Guy says
Well said brother.
Chesley says
Apparently you didn’t read or comprehend the part in the article that said he tested positive for methamphetamines. He used drugs, drove an 18 wheeler into a car killing two young ladies. I would have given him a death sentence the same thing he gave those two young ladies!!!!!
jim says
just like cars and pickups but not the same time in the can
Shon Andrews says
Judge found out he had methamphetamine in his system is why he made his judgement.. so he drive with that in him… he is at fault. He knew… he took a risk… first time ? So others can take more risk because they didn’t get caught before…bs
Mike says
All super truckers should die…..The freight and money are more important then human beings….If DOT and troopers across this country were doing there jobs…Two women would still be alive…I have been driving a big truck for twenty years and it’s bad out here,I see truckers making horrible decisions,driving there trucks like a sports car…I am very happy the judge gave this horrible truck driver life…Now I want the family to also charge DOT,,sue the department for not doing there jobs,,,The roads are unsafe out here ,all because there are way to many horrible super truckers,scale house are not open 24-7,also to many super truckers drive around the scale,,they use five log books in a week,they lie and cheat..The law needs to step up,cause this will happen again ,and again….
Max says
Every one of us knows the law regarding alcohol and illegal drugs. When we were granted out CDLs, even those of us that were grandfathered in, we understood we would be held to a higher level of accountability.
This isn’t new or unknown.
When drug testing, they aren’t looking for ‘trace’ amounts of these drugs or alcohol. There is a set level and standard.
We are responsible. We accept it with out license. No excuse!
As for the comment relating to low pay? Everyone of us accepted our present job and it’s pay and benefits (or lack of) knowing what it was. That doesn’t mitigate our accepted responsibilities concerning drugs and alcohol.
No one forced you to become a driver. No one coerces you to remain a driver. If you can’t follow the rules, then get out! You think these rules are unfair? Work thru the process to change them.
But don’t justify someone’s illegal actions because the judge was ‘unfair’ or too strict. We all know what the punishments are for breaking the law. To receive a lessor sentence is mercy.
Brian says
Finally, someone who gets it.
Lisa says
Well said and absolutely true.
Kkrk says
You are spot on agree 100 percent with you.
Anthony says
Out of respect for you as a man, I am going to disagree with your entire statement. You say blame the companies that don’t pay anything. In essence you’re saying this guy was too stupid to realize that his company runs him to death for peanuts and that he should find something better. I’ve been at this for over 15 years and I’ve been with several companies like that. But here’s the difference between me and him: Despite my poor upbringing in D.C ghettos, a 14 year military stint just after that, and then beginning a trucking career after that, I still had enough intelligence to quit those companies that ran me into the ground for peanuts for something better. And my bills were horrible as well back then losing my first truck and an suv to repo. Then later recovered, barely was able to buy a car and spent a couple years behind on payments with that and losing a couple cell phone accounts for the prepaid world, which is actually worse. But I knew what was right and wrong and kept searching until the right company was landed because running to death for chump change and being tired all the time was not worth my life or anyone else’s life. Now I’m a stark contrast of my former life and no longer have to live that way. People know right from wrong, but a lot of them just simply don’t care.. INTELLIGENCE!
Bojangle says
Bravo Anthony, for your outlook, your service, and your story. I grew up literally dirt poor in south east Kentucky. Father skipped out when two, Mom became an alcoholic, my sister and I lived off a 50lb sack of potatoes per month I earned helping the neighbors at their farm. When I turned 13 I went and found a check paying job working for the JTPA. At 16 I had two jobs to get around child labor laws. When I was 17 my mom signed so I could join the Corps. When I retired I went truck driving for 23 years. So many of my friends have crashed and burned while using our upbringing as an excuse. Screw that, a man works, period. Folk need to take responsibility for their lives instead of always blaming someone else. I’ve screwed up some here and there, we all have, but being methed up and killing people is a far cry from being behind on a payment or screwing up a relationship.
Joetrucker says
Gotta love those military people. No matter what they talk about they never miss a chance to tell someone they were in the service. Do you know how many navy seals or army rangers I’ve met at truck stops?
Gary says
It’s called “accountability!” Making those accountable for the conscious decisions they make. I’ve read countless articles where individuals in cars were prosecuted for virtually the same reason, but for some stupid reason, truck drivers believe this guy got a raw deal simply because he drives a truck. Bull! The punishment fit the crime and taking lives while intoxicated on anything should never start a debate on the vehicle used, but rather the disposition of the person driving that vehicle.
Frank says
Well thank god we live in a civilized country where their is such a thing a due process and thank god Judges are NOT truckers since they’re NOT the sharpest knives in the drawer.
HeavensHell says
Read the article Kev….he was on meth and had boo koo points on his record. Not sure the sentence was just but I will comment on that when some bozo takes out some of my family members.
David says
It said he had meth in his system…
Katy says
Hey if you are a driver you know you fall asleep not from nowhere, right? You know you are drowsy at least last 20-10 min!!! CDL test say it! Clearly! You have to stop and sleep body! If you use drugs while driving, agree with rest of… death is best for you! No excuses! And, by the way, THANKS for all truck drivers I face on my daily Roth 322 Glassboro-Logan Twp.NJ. For your safety and patience driving.
MrYowler says
Yes. You should speak your mind and everyone who you disagree with should shut up.
That’s fair and reasonable… and very non-judgemental of you…
Jude Ossowski says
The charge “DUI” means “Driving Under the Influence”. The unwritten part of the charge is usually “of an Intoxicant”. It doesn’t necessarily mean alcohol. It can mean any type of natural/pharmaceutical substance that alters or impairs a person’s ability to control their actions safely.
Kevin says
Follow Up! 1st. Thank U to all of U who commented! Here’s the thing! I’ve been a driver. I’ve also been a Carrier Owner! If anybody out there truly believes any type of Heavy Industry (be it Transportation or Manufacturing or both!) Actually give a Rat’s Rump about people! I got news for U. My father is a retired Colonel & retired Automotive Executive! Here’s the “Mentality” of Upper Management in Manufacturing! He ALWAYS told me! That Line runs 24/7, 365 Days a Year, except changeover! He always said; If I EVER un-jam a press or something else that slowing up the line an the machine comes loose & say Cuts off my Arm or something! Gather up the pieces of my Rolex off the factory floor, see if U can get it fixed!! Notice, No Mention of his arm!!! Understand this secret people of Big Industry! If it’s Not Profitable & Growing the Business, it means NOTHING TO ME!!! Why do Ya’ll think everyone who knew Henry Ford or any of the family, thought they were A-Holes! BUT, He knew Business!!! Same with Lee Iaccoca or any of Ur top Industry builders today!!! If Safety was NOT Profitable! It would NOT BE EVEN CONSIDERED IN TRANSPORTATION TODAY!!! Same with ANY Heavy Type Industry! They only care about people, because people are making them a Profit & growing the Business!!! Ya’ll may not believe me! That’s fine, I’m not here to argue the point!! I’m just stating a FACT!!! Now, I’m NOT saying I agree or disagree with this “Mentality”! But what I am saying people,Is MANY BUSINESS SCHOOLS still teach today, to create more profit, in a slow economy, as the US has been in for the last 11 years! Cut LABOR!!! I can state with a clear conscious. That, had this guy been what’s known as a “High Value Asset”, Carrying Million Dollar or Multi-Million Dollar Loads for this Carrier. He would not have seen the inside of a court room! Let alone a Life Sentence!!! I know, there ain’t that many guys out there with the foritude or nerves to haul something that’s worth millions of dollars! I know, I did it!!! Point being, that’s a very small community! Ask the Drivers who haul the parts for those massive Wind Mills, that can cost upwards of 100 million bucks a piece!!! Problem was, this fella was just a run of the mill driver! I’m not saying that to be in anyway disrespectful or negative or mean in ANY WAY!!! I’m just saying, Ya’ll don’t know his situation!! Maybe his wife is dying & he has to pay what Insurance doesn’t! Maybe a son or daughter! Maybe a Mom or Dad? The point is, we don’t know anything about his situation!!! The Meth was not in his system anymore! Like someone commented about already! Besides it keeps U awake! So does coffee true! But maybe the guy had ulcers & can’t drink coffee! True if tired he should have pulled off the road! Again however, we don’t know the whole situation! We do not even know the situation of the other person involved! They could have caused it! There can be a million an one things that could have happened! Point is, we don’t know! The Judge went overboard! The attorney is correct in Appealing! I believe there’s more to this story then what we’ve read here! Just saying! Something to think about!!!
Chera Taylor says
Ur SO DAMM right!!!
Thanks for your opinion
Chera Taylor says
BTW
I’m
a truck driver for over 10 years
Yolonda Smith says
Hey I’m a truck driver and truck drivers know the law before they get into a big rig not to use ANY DRUGS THAT IMPAIR YOUR DRIVING PERIOD ……GIVE HIM LIFE BEHIND BARS
Chera Taylor says
And u drive a vehicle?? same to ya.sweet heart
James says
Ok that’s all well and good but you can kill someone in a car drunk driving and get a slap compared to that, don’t get it
Terry says
No you can’t. I know someone that did and is in prison to this day. First offense DWI and killed a young expectant mother in a head-on. He had no record and was a top dog in a major computer industry corporation to boot so he had the best legal defense money could buy. It was a combination of medicine he was prescribed and alcohol, but hey, the warning not to use alcohol was right on the medicine.
15 years minimum he’s serving.
Pat says
Hey Kevin, the article said he tested positive for meth. That’s why the judge gave the book to him. Maybe he might’ve received a lighter sentence if he just fell asleep. The meth in his system did him in
Harlow says
Hey Kevin, what if it was you’re wife that was killed. How would you feel then. He got what he deserved. Everyone needs to pay the consequences for their actions.
Kevin says
Hey Harlow,
My fiance’ was killed. Sure I initially wanted to kill the guy! Everyone would! But calmer heads pervailed! This Judge pandered to his “audience! It was a “Knee Jerk Reaction”! That’s wrong!!!! Sentencing guidelines have a purpose!!! Judge’s are suppose to enforce the Law! Not abuse it or their position!!! Best case scenario this Judge gets sensored! Worse case scenairo he gets kicked off the bench!!! For abuse of the Power of his position & gets disbarred!!! End of discussion!!!
Kevin
Dick says
Ummmm, how about the fact he was on meth?
Craig Noftall says
No all situations are the same so we cant use a blanket statement to voice our thoughts….Truckers n drugs have been around sence the start of trucking and that was most peoples image of us for yrs n yrs..The industry has cleaned itself up with that perspective but now its come down to makeing $$$..Be it the driver or company pushing the driver especially new drivers and the forigners…Many newer drivers fear saying no cause they may loose their job and im “guessing” this is what happened,he just used something to help but it stopped for what ever the reason and the rest is history..I feel the loss for the family that lost but its a implied gamble we all take every day out there….In my 23 yrs on the road the thing that gets me is the piss poor training programs and the authority that some cocky dispatchers have given themselves..
“If” the driver was threatened by company or dispatcher to run beyound his abilitys and use inhancements to increase productivity then company and dispatcher should be serveing with the driver..
A Bronx Tale Enterprise says
I think they should get tested for any substance on every load they take!
David says
Love big rigs and driving any truck.But going to jail or prison for being involved in a accident has held me back from doing much of what I have wanted to do from the time I was big enough to know what a rig was. Have never used any drug other than prescribed by doctor and then only what was absolutely necessary.Don’t drink either.
Clay says
I watch a tv show called “the first 48” where homicide investigators put murderers away. A lot of those guys end up taking a guilty charge and end up with only a 10 or so year charge. And these are people that shoot and kill or stab people to death! Our whole system is flawed!
Mike says
Yeah everyone who drives a vehicle should be drug tested or none at all, theres no difference to me if you can drive a car high why cant you drive trucks high.
Zac says
C’mon, fellas. Any driver knows that the death of a loved one isn’t worth a shit when it comes time to sue for that big insurance payout. Granted, the guy shouldn’t be dopin at all, especially while driving a truck, but it happens. And if you’re dumb enough to stay with a company that doesn’t pay dick and you’re running illegal, you probably deserve a life sentence anyway. Anyone read about the port drivers hauling for Maersk and other big container companies making a couple dollars a day? Christ.
Old man says
Apparently he felt his meth habit took priority over other peoples lives. Good call on the judge’s part. Maybe hair follicle testing would have eliminated this guy from getting seated.
james ingebritson says
Ahh the old je fell asleep while using Meth defense. Crackpot lawyer going to file an appeal . OMG
Archie silva says
We have a special license , special school and we are special people. By the looks of most drivers , they do not feel special,, to take drugs period at 52 years of age says a lot to me! He had problems and will never see the light of day without looking at it through wire !
RenoBlues says
The most selfish thing addicts and alchoholics often do is get behind the wheel. Endangering the lives of all around them either for work or more often for convenience. I see people swerving drunkenly on the road fairly often. The judge in this case probably has too. Probably all of us have. These vehicles are dangerous and they need to be respected as such. People die every day from these things. Prayers for the victims family, the judge and that dumb bastard of a tweeker.
Richard A. says
Google the Van de Voorst family crash. A drunk woman ran a stop sign and t-boned a nother car, killing the entire family of four.
She was given a ten year sentence, but was released from prison into a healing lodge after one month!
Philip says
Exactly!!! It looks like Justice is not as “blind” as they claim and we’re not equal under the law.
Donald Anglin says
Hmm ..the ‘points’ history on the driver was not explained ..the judge used that to put him away ..so the question unanswered here is why was this drivers points so high? he had a bad history ..and he ‘weaponized’ the rig ..life PLUS 15 years ? .. have to go with the judge on this ..
Mark Brooker says
You know, I’ve said many times that I will never do anything that’s gonna land me in prison, and not just that but my character and upbringing have always guided me accordingly, even through some desperate times.
Yet now here I am driving truck (and loving it), doing the best I can to provide for my family, but it scares the crap outta me that I could have an accident and end up in prison…
bvd says
it looks like the “speed” wasn’t working very well….he was drunk or just
falling asleep at the wheel. Something about the “meth” word seems
to make this a notorious, evil crime….I admit, it was VERY stupid to
drive in an “uncontrolled” condition..yet how many of you drivers have
pushed yourself to keep going just to meet a schedule. I have actually
gotten fired for refusing to drive when I was too tired. I am retired now
but God bless all you drivers (life plus fifteen if you screw up) yikes!!
Short circuit says
I don’t have a problem with his sentence
The thing that bothers me is in any accident the truck driver has to take a drug test if he is at fault or not so why doesn’t the driver of the car have to take one also ?
Erik says
Short Circuit, here’s my theory on why (which is my non-lawyerly dumb trucker opinion): I am guessing, it’s because there is no statutory or administrative requirement for drivers who are not subject to the kinds of regulations provided in the FMCSR (passenger vehicle motorists), and also because if they were required to take a pee test, it would go to court as a constitutional challenge, and the government would lose, thus, putting the rules that we have to test on the chopping block as well. This is why the government doesn’t take that chance. Just my $0.02 theory.
les_gvt says
agreed
Megan says
If there is a bad car accident with injuries, car operators do have to take a blood test. They do in my state anyways.
TexasJester says
If we have a wreck – even if we are 100% NOT at fault – and a person is transported for injuries, a person is a fatality, and/or a vehicle is towed, WE are required to be drug tested.
You or I could be sitting at a light, within our hours, where we are supposed to be when we’re supposed to be there, and some idiot is texting, drunk, or high, and rams the back of the truck – and WE are the ones tested!!
Pressure says
Just because he tested positive doesn’t mean he took it that day, or even that week. Hell, I’ve driven sleepy before and couldn’t remember how I got to my destination. Trucking is not always easy or satisfying but we have the ability to make choices. If you’re tired, or the company you work for sucks, or the roads are narrow/bad, or if your truck is a piece of junk, or the other drivers totally don’t respect your presence, you have choices and you have to deal with whatever comes with them.
Erik says
As a court watcher (not a lawyer), I’d like to see how the direct appeal process will go, as well as the habeas proceedings, and how long he will REALLY spend in prison. Drugs??? Wow, this douche really makes a positive impression of the trucking industry. If the Judge used the points system as her sentencing guideline, but then said “well I’m really throwing the book at you because of the meth” (obviously paraphrasing her) is she still required to explain in further detail why she is using the points system as her sentencing guideline, or is she circumventing her having to explain that, by throwing the book at him because of the meth? That’s another question I have. Otherwise, I would support throwing the book at him, but I hope the Judge got it right for Constitutional purposes.
Terry says
He’s 52 so any appropriate sentence is still a life sentence for all practical purposes. An appeal seems like quibbling over the number of years he won’t live to serve anyway.
Mrs. C says
To a degree I understand and agree with everyone argrument. One point in particular though I think should be acted upon is everyone should have the same accountability if you want to be on some kind of drug or alcohol and drive. We all know the rules and should have some compassion for one another. Also WE all should stop only having empathy and understanding only when it’s our situation.
Now my husband I both have our CDL. I have my own semi and drive regional, he used to drive a semi as well but he wanted to do something more hands on so he’s doing construction now. Anyway he had an accident a couple of weeks ago where he was in the construction zone working and he was backing up cleaning the cuts in the road to be repaved. Now the time it took for him to look in the passenger mirror to make sure he was in his proper spot and look back to the drivers mirror a civilian drove into the work zone and was smack behind him and he ran into her….. Now keep in mind he had backed up a 1/4 of a mile and was still in motion when she pulled behind him. There’s a sign on his truck that says stay back 300ft, lights, signs, there were cones, and flaggers on site but because her street was right there she was going to squeeze through. When the police came no ticket was given out because in a construction zone it was considered “private property” but he said if he had to give a ticket it would be to her because it was a construction zone. All the while waiting for the tow truck she just kept talking about how she needs a xanax really bad and she was going to pop more than one that night. Now my husband had to immediately go get a drug test which is understandable but why didn’t she?? To top it off his company paid for her car to be fixed because they didn’t want the hassle of it all. I wish I could upload videos or pics because this was a fully operational contruction zone and she CLEARLY had to be on drugs or didn’t care to think you could drive in there.
I think her not getting a ticket and getting her car fixed let her feel that’s she’s right because she got rewarded for her choice and this is what happens ALL the time. We are professionals but as a human you should tap into your common sense or moral compass and do the right thing.
George says
The entire situation sounds terrible and all of it could have been prevented but for the family to consider the verdict a “win” doesn’t seem right it’s Justice it’s not a win.
Terry Barron says
How much was in his system at the time or was it from a few days before? How about looking into the company he worked for and see they made their drivers run over on hours over and over and put them on trial to? I don’t think he set out to go and kill people! Still he should have never been driving, but it is now a slippery slope to go after drivers for running illegal because of hours or bad brakes or tires or overloaded and put the driver in jail for life because that driver knew about the problems! What if your medical card was one day expired and you had a small stoke and crashed? Throw you in jail for life? Once again these are some of the reason I got out of driving! 2 million miles was enough for me because of all the regulations put onto drivers! California looks at truck drivers as criminals!!!!!!! Let’s put an airline pilot in jail for life when they get caught drinking before they take off!!! Sounds fair to me!!
Kkrk says
Your last comment about airline pilots is off they are more heavily scrutinized than truckers,also when you think about it a truck drivers responsibility is greater due to all the increased risk that surrounds us every day,like having to always be aware of not just car’s but other trucks and with all the inattention cell phones,TV’s,computers all being used while driving both in cars and trucks the risk factor is much greater but on top of all that to add dope into the mix,there is no excuse and that meat bag should have never been driving.
Jess says
As I’ve always been taught, the driver is the one in control of the vehicle. The vehicle doesn’t kill people, people kill people. And yes, responsibility and accountability are number 1, and don’t forget common sense. There are many out there who don’t grow that garden. But with human nature and how people can be so reckless, just the other day someone tossed out a cigarette on the side of the highway, started a wild grass fire, which burned down some houses, and wrecked people’s lives. We have a brain, USE IT !!
Martin E Neltner says
Very sad. I sense this could have been avoided since these “types” are irresponsible . What is the lesson here? We truckers should be leaders in our driving. Set the example. I say we follow the “Smith”system of driving safely. I am tired of seeing truckers climb up my butt, pass with no signals, speed excessively. Speeding in the left lane etc. We need a process to encourage drivers of cars to quit tailgating. In slow traffic we need to maintain a safe distance even though cars 🚗 pass in and around us. We need to be the leaders and set driving standards of everyone else.
Karl says
Our countries largest “mass drug addiction” has been perpetrated by Doctors, they did better than Japan did when re-addicting the Chines before the invaded in WWII. Yet we don’t hear word one about Doctor’s feet being held to the fire, do we? Had a friend get rear ended in a truck at a traffic light, and was subsequently
terminated because his logs were not a 100%. Had another friend fired because his trailer was broken into while he slept, at a state sponcered rest area. He was held responsible for his load while under it, but as we all know wasn’t being paid to watch the load while he slept.
All these examples seem really unfair, and they are, why I refuse to drive truck anymore. But “vehicular homicide”, under the influence of drugs, well that begs a different response…
Milton Johnston says
Well as a Father that has lost a 6 year old son to an impaired driver, a hit and run no less. Now the driver hit my son speeding a a residential area, my son was on his hood for a block before falling off and hitting his head on the curb. He passed later that night due to massive brain damage. The man was caught the next day, tested positive for drugs and alcohol. At trail he was sentenced to 90 days. Someone please tell me the Justice in that sentence. The difference in the state of Washington and Florida. I wouldn’t be a good one to ask what the sentence should be, but I do believe it should be way more than 90 days.
Frank says
Distracted driving, falling asleep at the wheel, cmon people we need to learn our limits and stop pushing. Id be willing to bet every driver here has pushed more than they should have and gotten lucky. Im ashamed to admit i was guilty of this as a newer driver, letting dispatchers push you. You arent a real driver until you learn to tell the boss no more im done for the day.
Meth can stay in your system for up to 5 days iirc. That doesnt prove he was under the influence at the time he was driving but who really cares about the truth right? Lets just rack up the charges and hope some stick. We have absolutely garbage methods for determining if someone is under the influence of these drugs and somehow this is admissible.
Do i think he should pay for what he did? Absolutely. 2 people died because he couldnt be bothered to pull over and sleep. But i dont think he should be treated the same as someone who commits 1st degree murder, serial rape, or treason.
Jess says
Thank you very Martin, well said, and I agree. My biggest pet peeve while driving any vehicle is tailgating. I’m a CDL and a bus driver and I look at for small cars and trucks: “good luck hitting me idiot, like hitting a tank, you won’t win and I’m not going any faster, so there you go”. People are just plain arrogant and think they can push their wait around and demand you to do something. Like in a line up in the store, get off my back. The other day a tanker dangerous cargo truck was on my rear the other day and almost took out the one ton truck in the fast lane trying to get around me, ridiculous !!
Walter Sadler says
If this was you would you still feel the same way, in life we all make mistakes, why not give this individual system second chance, never allow him operate commercial vehicle again. Sure driver suffering enough already, we don’t no all the facts , he could been sick, felt sleep.
Garth thomas says
He was a professional driver and should be judged more harshly but up in Canada a 4wheeler got 10 yrs for taking out a grand father and three grandchildren DUI. His family donated millions to a hospital to make it right but did they.
Mike K says
Everytime a person that is driving a commercial or noncommercial vehicle they are responsible to operate that vehicle in a safe manner. If you’re doing the following and not limited too then in my eye’s you should be punished accordingly. Dui, alcohol, drugs huffing paint fumes etc. Speeding that results in an fatal accident. Driving tired and not responsible enough to pull over and rest up. Eating and driving, oops there goes my cheeseburger to the floor let me get that. Here’s what I see day in and day out. Driver’s messing with there cell phone, texting, looking up a phone numbers, pressing numbers on key pad, on line and scrolling up and down. The” ONLY ” thing you should be doing behind the wheel is driving and defensive driving keeping an eye out for the other unsafe drivers.
Mike K says
Everytime a person that is driving a commercial or noncommercial vehicle they are responsible to operate that vehicle in a safe manner. If you’re doing the following and not limited too then in my eye’s you should be punished accordingly. Dui, alcohol, drugs huffing paint fumes etc. Speeding that results in an fatal accident. Driving tired and not responsible enough to pull over and rest up. Eating and driving, oops there goes my cheeseburger to the floor let me get that. Here’s what I see day in and day out. Driver’s messing with there cell phone, texting, looking up a phone numbers, pressing numbers on key pad, on line and scrolling up and down. The” ONLY ” thing you should be doing behind the wheel is driving and defensive driving keeping an eye out for the other unsafe drivers. Lastly, 40,000 people die in automobile related accidents yearly . We as consumers want that shiny, good looking, gas efficient and all the gadgets vehicle. Vehicles now should be built to be completely safe. Nascar has been the Frontier for protecting their driver’s at 180mph. We consumer’s should be demanding that vehicles be built by vehicle manufacturers safety first and the bells and whistles after. The commercials show how quick the vehicle is but the safety of the vehicles are never mentioned. We will never completely stop unsafe, incompetent driver’s, but we damn well should have a safe vehicle to where all the occupants are alive .
Gary Fowler says
I’m not defending the guy. But it was an accident. The people that kill on purpose get far lesser sentences.
There’s a real problem with our justice system.
Kevin says
Amen Gary! AMEN!!!
kenneth Byrd says
You r right ,a accident is a accident ,,everyone should be held to the same standards no matter if they texting or speeding or on drugs ,the same standards anything less is unfair and bias ,killing in a accident all should be judged the same
Show Time says
Think outside the box for a minute…. Why would this guy take a stimulant in order to do his job in this industry???
Because it rewards bad behavior starting with the pay by mile racket and the logbook rules are next after that depending on whether or not he’s an owner operator those that place unusual demands upon the driver be it shipper, receiver, broker or dispatcher if lease or company.
I don’t care if you use coffee or tobacco or those over the counter stimulants you I or anyone else is playing right into the hands of the system the way its designed.
Wanna nap the trucking society/industry says you are lazy and the log book calls you a liar and so all of this needs to be changed if we as a country is to have safe highways so Americans needs to put up or shut up instead of being the biggest hypocrite in the world.
Scott says
They did a dfug test on him and he failed it. That doesnt mean he was on the drugs at the time. Prosecution needs to prove beyond a resonable doubt thag the trucker was under the influence of meth at the time of the accident. Accidents happn all the time. Truckers work 14 hours a day 7 days a week and finding parking is slim to none. Especially in the small farm roads he was on, tbere is no shoulder either for him to pull off for around a 2 hour stretch.
Groo says
life +15 with no intent to harm strikes me as excessive.
There are massive numbers of examples where people had obvious intent to kill or harm and get 10-20 years.
Why does it being a CMV make it worse? because it is big? you can cause multiple fatalities with any car. Because he is doing his job at the time? When a cop on the job murders someone, they usually get a slap on the wrist. Drivers are treated like crap under the law. It is an obvious case of unequal treatment under the law.
Dee says
Defunding the stupid pig stations might not be the solution but it certainly will put will put a lot of sick A holes out of service and that’s a good thing
Benjamin says
Its amazing how much control the government has gripped on commercial drivers in the states to people who want to get their CDL but can’t or just hard to get but when it comes to all these damn immigrants that pose as a bigger hazzard when they can’t read and write English