Joplin, MO
Tougher laws needed, some victims claim
Heather Jensen, 29, spent four years in prison for killing her best friend while driving under the influence of methamphetamines. She called her sentence a slap on the wrist.“I should have gotten more time,” Jensen, of Webb City, said.
Today, Jensen is a proponent of tougher sentences for anyone involved in driving while under the influence of any substance or for providing drugs or alcohol to minors, especially if someone dies because of it.
Jensen isn’t alone.
Police officers, victims’ families and others are calling for tougher penalties for those involved in the deaths of teenagers when alcohol, drugs, recklessness or negligence is involved.
Missouri law
Dan Whitworth, a general practice attorney in Joplin, said penalties for driving under the influence, being a minor in possession or selling or providing alcohol to a minor vary from a fine to 5 to 15 years behind bars.
A minor who is driving is considered intoxicated at a much lower level than adults, he said. Minors can be arrested for DWI at 0.02, while adults have to register 0.08. People can be charged with driving under the influence of drugs with any amount of the drug in their system, Whitworth said.
A first-offense DUI is a Class B misdemeanor in Missouri punishable by a fine of up to $500 and six months in jail. Repeat offenders can get progressively more serious fines and jail time — up to $5,000 and 5 to 15 years in prison, according to Missouri statutes.
“You do see people get that much but they really have to be a perpetual offender,” Whitworth said.
In Missouri, minors also can be charged with possession of alcohol if they are found with the bottle, or with alcohol in their blood stream. That minor in possession by consumption law is unique to Missouri, Whitworth said. The penalty for being a minor in possession is similar to, but lower, than the beginning penalty for DWI or DUI.
Providing alcohol to a minor, either by selling it as a retailer or furnishing it to them as a friend or parent also carries a fine of $500 and not more than 6 months in jail. On the second offense, Whitworth said that penalty can jump to a fine of up to $1,000 and one year in county jail.
Businesses that sell to minors can also face other penalties as well. The employee who sold the alcohol can be fined or charged as well as the business.
Tougher laws needed, some victims claim
“They’re looking for repeat violations,” he said. “(Alcohol Control) is very serious with how they do it. They make those businesses stay on their toes.”
The record
Records from the Missouri Division of Alcohol and Tobacco Control indicate most businesses that sell alcohol to minors are generally fined, or at most lose their liquor license for just a few days.
According to documents obtained through a Missouri Open Records request, there were 43 alcohol retailers in Jasper and Newton counties cited for selling alcohol to a minor from Jan. 1, 2006, to the present. Most of those businesses were fined, with fines ranging from $150 to $700. The average fine was $200 to $400. Several businesses caught during that time were only warned. Four of the businesses were suspended from selling alcohol for up to 5 days as a penalty; none had their licenses permanently revoked.
Documents provided by the state agency also suggest a varied response to repeat offenses.
A Kum & Go, 3505 S. Range Line Road, was cited on Jan. 7 and again on Jan. 28, 2006, for selling to minors, but only received warnings each time. A Grace Energy location, 3347 Range Line Road, was cited March 16 and again on May 18, 2007, and received fines of $500 and $700 respectively.
“I don’t think they are near tough enough,” said Kerry Freeman, head of Jasper County’s Mothers Against Drunk Driving. “I would think they do need to lose their license … pull their license, that would hit their pocketbooks more than a $500 fine.”
Sue Hirshey, owner of Sue’s C-Store, 26206 Fir Road, in Carl Junction, said consistency and observation are needed from the stores to screen underage kids and to ensure adults are not purchasing for minors. Sue’s C-Store has no violations for sales to underage minors.
“It’s just a matter of carding everyone,” Hirshey said in a phone interview.
One situation that Hirshey or her employees have seen is where an adult will enter the store and try to purchase alcohol — with several teens waiting in their car.
Sometimes, it’s just parents buying alcohol for themselves while
“You just have to watch the situation and try to read people,” Hirshey said. “We have refused to sell if it looks like they are taking orders for kids
The Missouri Division of Alcohol and Tobacco Control did not return multiple phone calls made to its Jefferson City office over the last two weeks.
Freeman wants tougher sentences not only for retailers but also for any adult who buys it for a minor as well as those who are driving drunk.
Freeman’s 18-year-old daughter, Christina, was killed after getting in the car with a 17-year-old driver, who according to the Missouri State Highway Patrol, had allegedly been using drugs and alcohol. More >>