Tuesday, January 27, 2015

Unlicensed & High 20 y/o Driver Sentenced to 15 - 40 Years for Double DUI-Manslaughter ~ Get a DD NOT a DUI ~ Call Michael A. Haber @ **305DUI or **ARRESTED

Meet twenty (20) y/o Darriean Hess.  That's her in pictures taken off of her Facebook page...

She looks very different, in her booking photo...

and she presents as much more solemn, in the photo below, where she is being escorted to the "back door" of a Rockingham County Superior Courtroom after having been sentenced yesterday (Monday, January 26th, 2015) to serve 15 - 40 years in state prison for having plowed into a group of bicyclists on September 21st, 2013 in Hampton County, New Hampshire.

Witnesses and results of blood testing conclusively established that Darriean, while all banged up on the pain killer Fentanyl, drove her car into a group of bicyclists who were engaged in the "Tri-State Century Ride", which is a 100 mile non-competitive bicycle ride along the coasts of Massachusetts, New Hampshire and Maine.  Witnesses to the incident said that she had come over a bridge at excessive speed and, with no obstructions, veered into the opposite lane of traffic.  The next thing anyone knew there were "bodies and bicycles flying in the air" (and no, the witnesses were not describing the infamous scene from "ET").

Darriean killed 60 y/o Pamela Wells and 52 y/o Elise Bouchard and she seriously inured two (2) others, Margo Heigh and Uwe Uhmeyer.  Among the witnesses who observed the tragedy was David Kelley, a retired New Hampshire State Police Major, who just so happened to be traveling in the opposite direction when he observed Darriean pass him by moving so fast that he though that she was "being chased by police" and expected "to see cruisers following behind [her]".  Coincidentally (if you believe in them), Darriean had been pulled over for speeding eight (8) hours prior to the deadly crash and was taken to the police station for driving without a license.  She used her "phone call" to contact 47 y/o Cindy Sheppard, pictured below, who has been dubbed a "major heroin dealer" (having been previously arrested and charged with selling heroin, crack cocaine, oxycodone, diazepam, methylone, marijuana and now also fentanyl) to come pick her up.  

Police investigation revealed that Sheppard had picked Darriean up from the police station, drove her home, sold her the fentanyl and then gave Darriean her car keys back.  For her "role" Sheppard  was fortunate to avoid charges as a principal or accessory to the homicides and assaults (we'd call them "battery" in FL) but, for her "role in the offense" she earned charges for sale of narcotics and "allowing an improper person to operate a motor vehicle".  

Darriens's is yet another tragic tale, and, above and beyond the injuries that she caused, apparently Darriean has her own sad tale (which you can read about here) but the same does not come near to either mitigating against or outweighing the irreparable damage that she caused.  The fact is that Courts are generally not overly sympathetic to folks who make choices that result in criminally actionable harm (such as driving when you know you have no license and after you have knowingly consumed mind-altering narcotics), and they almost never subscribe to the "coincidence" theory.

I should take a moment to mention that there was also a social media component to Darriean's case. As they do in almost all cases these days (in the "Age of the Internet") cops and prosecutors absolutely scour social media looking for additional and potentially incriminating evidence against their accused.  In this case Darriean's Facebook account contained numerous pictures and posts suggesting her inclination to "party" and her lack of either regard for or concern about the law, and traffic laws in particular.  You can read more in this article but, by way of example, one status update indicated that after being pulled over for speeding "The cop said he was doing 80 and we {referring to her and her 19 y/o boyfriend Scott Martin} flew by him doing like 100 (laughing my a** off)... did I mention the oz in the glovebox" (referring to an ounce of marijuana).  The point is, again, be careful what you post on social media and be mindful of "Haber's Social Media Rules 1 - 5", to wit:  

Social Media Rule #1: Once posted always posted.
Social Media Rule #2: Think BEFORE you post.
Social Media Rule #3: Don't post anything that you would not want your mother to read / see.

Social Media Rule #4: Cops troll the internet looking for folks who go to, look in, download from or upload to targeted (and usually, but not always "deviant") sites.
Social Media Rule #5: If even remotely relevant to a pending charge then prosecutors will cram your social media posts, and history (sites visited, searches made, etc) down your throat in court.

As an aside, c
louds, "i" or otherwise, cell towers, GPS signals all leave traces and can be used for both identification and evidentiary purposes.

Forewarned is forearmed.

When it comes to the subject of drinking and driving, the best advice that you are ever going to hear is:  "Don't do it!  Get a DD (Designated Driver), not a DUI".

Be smart{er than Darriean Hess}: Don't drink and drive, but, if you do, just say "NO{thing}", don't blow (in FL your 2nd subsequent refusal is a crime) and call me stat at 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

Michael A. Haber, P.A.: Providing creative, effective and zealous criminal defense litigation services primarily in SoFlo since 1991.

At Michael A. Haber, P.A. "Its all about reasonable doubt"! 


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