Why DUI reform should be a priority for all this legislative session: Opinion

Danielle R. Blandford, Esq. & Brandon Cooper
·4 min read
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Thirteen months ago, a preventable tragedy changed the lives of Mark and Zoe Fairfield forever –Lily Fairfield, daughter and sister, would be killed on her way to school by a driver who made the decision to drive under the influence. In fact, this would be the second time this person decided to drive under the influence in less than a week.

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Lily was riding to school with her sister when an intoxicated driver, traveling in the wrong lane over a curvy hill, hit the young women head-on. Lily was killed instantly.
Lily was riding to school with her sister when an intoxicated driver, traveling in the wrong lane over a curvy hill, hit the young women head-on. Lily was killed instantly.

A Preventable Tragedy

On Nov. 7, 2021, the defendant in Lily’s murder was pulled over for reckless driving, subsequently charged with DUI and booked at Jefferson County Detention Center. She, as any defendant charged with her offense, was interviewed and assessed by pre-trial services – not a judge – who made the determination, under rule and orders from the Kentucky Supreme Court, that this person could be released until seeing a judge for further adjudication.

This crucial evaluation determines whether someone charged with a bailable offense can be released prior to being seen before a judge. It should include a survey of the person’s state and national criminal background, as well as other mental and physical evaluations pertinent to making such a decision.

We find it hard to believe that a person with two misdemeanors, five felonies and over a half a dozen other convictions within ten years (in the commonwealth alone) would fit the bill to be released. Beyond her persistent drug use, the defendant had also been extradited to Kentucky before for failure to appear on other warrants. She was a flight risk and an obvious danger to others. Nonetheless, she was released with a court date scheduled three days later, Nov. 10. Again, without ever seeing a judge.

She would eventually plead guilty to that Nov. 7 DUI charge.

At 8:20 a.m. on Nov. 10, 2021, Lily was riding to school with her sister when the defendant, traveling in the wrong lane over a curvy hill, hit the young women head-on. Lily was killed instantly, and her sister Zoe left with severe back injuries and a part of her gone forever.

After six long months, blood tests from the Kentucky State Police lab would reveal that the defendant was in fact intoxicated, likely on opioids, when she killed Lily Fairfield. She would finally be charged, arrested, and booked in April 2022. The defendant was on her way to court for the Nov. 7 DUI charge she had been released on when she killed Lily.

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Making Reforms

The problem with laxed DUI punishments, (Kentucky ranks among the 10 most lenient states) is that recidivism (repeating the same offense) becomes the norm. According to Mothers Against Drunk Driving, 91% of drivers operating a vehicle impaired in all of the nation’s fatal accidents had prior convictions for driving while impaired – meaning less than 10% of DUI fatalities are the result of a first-time offender. Further, the average drunk driver drives 80 times before being arrested for a “first-offense,” according to data collected and shared by the FBI.

In 2022, House Bill 185, also known as Lily’s Law, would have mandated extended jail time for the first DUI offense, while also changing the felony DUI charge in Kentucky from a fourth offense to a third offense. The bill, sponsored by Representative Samara Heavrin (R) and House Speaker David Osborne (R), passed the judiciary committee and House floor votes, but was not read (or voted on) in the Senate- with no explanation.

Much more can be done to strengthen Kentucky’s DUI laws and make our roadways safer. In fact, some of the fixes are simple. For instance, mandating the use of National Instant Criminal Background Check System (NICS) for all pre-trial services.

Current rules and procedures from the Administrative Office of the Courts (AOC) do mandate that a national criminal check be performed by the pre-trial officer, but as the Fairfield’s story shows, that’s not always the case – and if it is, a new algorithm is certainly called for when determining release decisions.

The work is not done – and our roads are not as safe as they could be.

Danielle R. Blandford is a partner at the Morgan & Morgan law firm and counsel for the Fairfield’s. Brandon Cooper is an alum of U of L and a graduate student at the George Washington University’s Graduate School of Political Management. 

This article originally appeared on Louisville Courier Journal: Bail Reform: Repeat DUI offenders should not be released pre-trial