Fight resumes in Frankfort to end deadly DUI shock probation - wave3.com-Louisville News, Weather & Sports

Fight resumes in Frankfort to end deadly DUI shock probation

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Debbie Moskwa Debbie Moskwa
Photo the car Debbie Moskwa was in. Photo the car Debbie Moskwa was in.
State Rep. Julie Raque Adams State Rep. Julie Raque Adams
Debbie Moskwa, Julie Raque Adams and Carolyn Scharf Debbie Moskwa, Julie Raque Adams and Carolyn Scharf

FRANKFORT, KY (WAVE) – There is a renewed effort to end shock probation for drunk drivers who kill in Kentucky. Two mothers went before lawmakers Thursday to promote House Bill 28 and they're finding more support than ever before.

"There's not a day that goes by that I don't think of Ricky," said Debbie Moskwa.  

For six years, lawmakers have heard Moskwa's tragic story. Thursday, a joint judiciary committee in Frankfort was listening.

"The pain and loss is etched in my heart forever," Moskwa told the committee.

In 2002, Moskwa's husband was severely injured, her son Ricky was killed and another woman also died when a drunk driver drag racing on Interstate 71 slammed into them.

"Little did we know we would be inflicted with more pain when shock probation was granted after the person served only eight months of a 13 year sentence," Moskwa said.

Moskwa was joined by Louisville mom Carolyn Scharf, whose daughter Anne was killed by a drunk driver in a head on crash, and by State Representative Julie Raque Adams of Louisville.

Adams told the committee, "I really feel like now's the time to bring up this bill and hopefully get it passed this session."

Over the years, defense attorneys have told WAVE 3 News, taking away a judge's discretion to allow shock probation is unfair. But Adams tells us House Bill 28 only asks that drunk drivers serve the original sentence given to them. Adams said they do not want to limit judicial discretion in any other crimes.

Adams tells WAVE 3 that support in Frankfort continues to grow, especially now with the Kentucky State Police commissioner onboard and a 2011 Attorney General's opinion.

Adams said in the opinion the Attorney General questions the value of a policy that permits those convicted of unspeakable, reckless and traumatic crimes to walk free after 30 days served when they were given a multi-year sentence.

Several committee members gave their support to the bill after the testimony. Adams said next they'll try to get as many co-sponsors as they can and then will ask the committee chair to move the bill out for a vote in the House.

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