State DUI laws loophole leaves some searching for accountability
JACKSON, Tenn. — For Charles Kendrick, not a single day goes by he does not remember the memory of his daughter, Amber, 12. Amber was struck by an impaired driver three years ago while riding her horse less than a mile from the family’s home. The man behind the wheel, Richard Alan White, lived up the street from the Kendricks. They say White had a history of driving when over the legal limit. “Why are we passing those laws? Why are we doing these things if we don’t want to prevent people from doing these things over and over again?” Kendrick said. According to the state’s DUI laws, it is possible sentencing for drivers could be more severe if they are just pulled over by law enforcement than those involved in fatal accidents. One Jackson attorney, Mark Donahoe, said this is because of the vehicular homicide statute, which does not require a minimum mandatory jail time. This leaves judges to decide on a case-by-case basis how severe the punishment should be. White pleaded guilty for his involvement in the 2011 death of Amber Kendrick. He received six years with an additional three for a prior conviction. “It’s a slap on the wrist and it’s a slap in the face to families and friends that go through these things. The pain doesn’t get any easier,” Kendrick said.
