Beach Man Facing 23rd Drunk-Driving Prosecution
Tracy M. Decker told the police officer he had not been drinking just
before recording a .28 on a breath machine, prompting what will be at
least his 23rd prosecution for drunk driving, according to court records.
Court records show Decker, whose license was revoked for an earlier DUI,
is also facing abuse charges because his four-year-old twins were riding
unbuckled in the back of his car. Police stopped the 33-year-old man on
Jan. 22 as he was trying to cross the Chesapeake Bay Bridge Tunnel.
Decker's most recent address is listed as an Oceanfront motel. Decker's
lengthy drunk-driving record spans decades, according to bond paperwork
filed in Virginia Beach courts. That same paperwork declares that Decker
has "22 DUI convictions."
However, according to court documents,
Decker's extensive history was not revealed in two previous criminal
cases, prompting Virginia Beach judges to grant breaks in an earlier
drunk-driving case and for an unrelated conviction for disturbing the
peace. Had the judges known, he would've likely been in jail, DUI experts
say.
It was not until his arrest last month that Decker's full
background was noted in a court file.
"To get over 20 DUIs really
blows my mind," said Michael Goodove, president of the Southside Chapter
of Mothers Against Drunk Driving. Goodove, an attorney, said he has never
seen such a case. "The system's not perfect, but in this case, there are
too many imperfections going on."
Records show the bulk of the
drunk driving convictions happened in Alabama and Georgia. According to
court records, Decker moved to Virginia Beach sometime in 2002. By
December of that year, he was facing a drunk-driving charge. But the
charge is listed in Virginia Beach court records as a "second offense"
even though the real number was closer to 20. Sgt. Scott Wichtendahl, a
Virginia Beach DUI expert with close to 2,000 drunk-driving arrests to his
credit, said DMV records in 2002 were not as complete as they are today.
He said it was possible then to gain a clear Virginia drivers license by
not revealing prosecutions in other states. The officer who stopped Decker
likely did not know about Decker's history because it was not available
through a DMV check, Wichtendahl said. Decker's past would've come up in a
comprehensive criminal background check, Wichtendahl said. But, the
sergeant added, not all officers pursue such time-consuming checks in what
appear to be routine cases. As a result, General District Court Judge
Virginia Cochran found Decker guilty of the second offense, but let him go
free because he had already served about six weeks in jail, according to
court records. That release was granted upon several factors, including
good behavior and alcohol education, records show. However, Decker failed
to attend the alcohol class. Judge Cochran reinstated the 12-month
sentence, but Decker appealed. In Circuit Court, Judge Thomas Shadrick
waived most of that sentence. Records show Decker had to serve about three
months. There is no indication in the court file that anyone involved knew
of the dozens of drunk-driving arrests.
About a year later, Decker
was again arrested, this time for disturbing the peace. Decker was
sentenced to a year in jail, but only had to serve 30 days on the promise
he would attend an alcohol education class. Records show he rarely
attended and frequently tested positive for drugs and alcohol. The judge
ordered him back to jail and again Decker appealed.
Circuit Court
records show Circuit Court Judge Frederick B. Lowe had more information on
Decker's background than previous judges, but still not the full picture.
Judge Lowe waived most of the punishment, sending Decker to jail for three
months instead of the 11 ordered in lower court, the records show. "I am
surprised he is still alive," Wichtendahl said, adding that most hard-core
drunk drivers end up dead, or in prison for fatal accidents. "The system
let him down, and more importantly, let us down as the people who are on
the road." Wichtendahl said officers now have access to the critical DMV
information that was apparently lacking in Decker's first arrest. "I would
be really surprised if, in 2006, that a gentleman would get away with the
multiple offenses he is getting away with," Wichtendahl said. Decker is in
jail without bail. DUI experts say he faces a minimum of one year in jail
for the drunk-driving charge.
TAKEN FROM NEWS CHANNEL 3
http://www.wtkr.com/Global/story.asp?S=4450545
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