#589 - 08/29/07 03:59 PM
drunk driver was illegal immigrant
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vivski
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Registered: 08/29/07
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i'm new to this forum, but have a story to tell that i find very disturbing, and hope someone may read this and give suggestions to help.
may 5th 1996 my husband was hit head on by a drunk driver, he suffered severe injuries but survived, (of course the drunk suffered not even a scratch. and admitted to drinking 7 or 8 drinks)
my husband was on a motorcycle and was wearing a helmet, so no real head injuries.
while in custody , the district attorneys office(albuquerque) and police informed me that the man who'd injured my husband was proven to be an illegal immigrant from mexico.
they told me that even though they could not establish his true identity, if he pled guilty to the charges against him, they would be required by law to release him pending a presentencing investigation held by the probation office, and then he would stand at his sentencing hearing be sentenced and deported after serving his term.
i questioned this proceedure, and expressed my concerns about him being released without even knowing who he was in the first place.
we were not informed of his plea hearing and on that day my husband was in the hospital undergoing one of the six surgeries he's had to have since the "accident".
a week after my husbands surgery, and the mans release, i phoned the jail to see if he was still in custody and found out that he had been released.
the d.a.'s office had failed in notification, though we had told them we wanted to be notified and attend all hearings.
i was so angry, i scremed at everyone involved, and was assured that in the future, we would be notified of every future hearing and that at sentencing, all in our family effected would be allowed to give victim impact statements.
of course the day came for the mans sentencing and lo and behold, he failed to appear, and a warrant was issued for his arrest.
for the past eleven years acting as my husbands victim advocate, i have routinely kept in touch with the d.a.'s office, provided current addresses and phone numbers and expressed our desire to be notified of and attend all hearings concerning the case, and also made clear that we still wanted to give victim impact statements.
today is august 29th 2007, and one week ago, i phoned the d.a.'s office to find out if they had ever captured the guy, expecting full well that they had not....but instead, i was told that on july 7th 2005 the man had been indicted, and sentenced and should still be serving probation.
no notification....no victims impact statements.
i phoned the probation and found out that he was no longer on probation, and the restitution the judge ordered as a condition of his probation was never enforced by the probation office.
to top it off, we found out online that this same man ,who'd injured my husband and ran from justice for nine years, was arrested in california, where he'd served his probation, for unknown charges, two weeks after being released from his probation and released again a week and a half later, never deported, as promised he would be after serving his sentence, out there free to do whatever he wants, with no regard for anyone but himself.....
how can this happen? i am so angry i could spit fire....
i wrote my congressmen about what had happened, i wrote the judge who'd released the man the first time, (the same judge who sentenced him in 2005) the gov. of nm and the d.a.'s office...but no-one seemed to care...because even though we'd asked to be involved, we were not even allowed to give our victims impact statements.they claim there are no note in the file stating our desires, nor are there any notes showing our current address or phone number.but they had diligently made ayyempts two and a half months after his capture to contact us...right, like i am lying about it all.
now, my hausband suffers from his injuries, like i said, six surgeries later, he still has an ununited fibula in his leg, he is facing more surgeries has severe headaches daily, the medical costs, absorbed by our insurance company and ourselves,(because the man who'd committed this crime was uninsured) have risen to over one hundred thousand dollars and is climbing every time we turn around, my husband lost wages that have neared fifty thousand dollars, and we were forced to file chapter 13 bankruptcy, which resulted in a foreclosure of our home...and now, my husband is fearing the fact, that soon , he may have to go on disability due to the fact he is not healing like he should.
who says drunk driving is a victimless crime? who says that illegal immigration is a victimless crime?
my husband and my family can attest otherwise...if you don't beleive me, the case number is cr961553 new mexico vs. roberto flores garcia...if that is indeed his real name...
i wonder, is there anything we can do to punish the d.a's office for their failure to respect the sate's victims rights act, and the federal victims rights act? and what about this restitution? shouldn't there be a way to make this man pay?
please help..we are at our wit's end.
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#1078 - 09/13/07 10:33 PM
Re: drunk driver was illegal immigrant
[Re: vivski]
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vivski
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Registered: 08/29/07
Posts: 6
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unbelievable...166 replies to celebrities getting a way with it, over a serious post about a real injustice...what's wrong with this picture?
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#1119 - 09/21/07 08:09 PM
Re: drunk driver was illegal immigrant
[Re: vivski]
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Shadow
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Registered: 09/05/07
Posts: 37
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Why does this not surprise me. We have laws pertaining to immigration, and these people just blatantly ignore them. I am sorry for you an you husband and what you are going through. I wish you well. About the only thing you can do to punish the politicos is to vote them out of office.
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#1132 - 09/23/07 07:49 AM
Re: drunk driver was illegal immigrant
[Re: Shadow]
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Laureena
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Registered: 09/23/07
Posts: 10
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nothing can forgive drunk driving and it should be severly punished.How many murders have been comitted because someone had "a bit too much to drink"?
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#1313 - 12/17/07 10:02 PM
Re: drunk driver was illegal immigrant
[Re: Laureena]
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hidden
Journeyman
Registered: 12/13/07
Posts: 68
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Probably hundreds of thousands. And this case being with an illegal immigrant only makes things worse because that person never should of been behind a wheel in this country. We need better protection.
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#1615 - 02/21/08 08:48 PM
Re: drunk driver was illegal immigrant
[Re: hidden]
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mcfarb67
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Registered: 01/30/08
Posts: 25
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Yeah I agree with you both, but is it entirely so much as the persons fault. i think the government should bring back prohibition, lord knows how many casualties we could erase from our national statistics without alchohal.
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#1751 - 07/23/08 12:17 PM
Re: drunk driver was illegal immigrant
[Re: mcfarb67]
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SandyB
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Registered: 07/23/08
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First, I am so sorry to hear about the numerous problems your family has encountered due to a drunk driver. Drunk driving is a violent and preventable crime. If you have not already called your local MADD office, I suggest you do. They may be able to find some valuable resources in your community to help with your family's ongoing concerns. They may also be able to offer some guidance on the legal aspect. It certainly can't hurt to call and see what they can do for you. Maybe you could offer to help them by sharing your story and helping them fight to improve legislation. Good luck to you and your family. You are in my thoughts and prayers.
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