GloucesterTimes.com, Gloucester, MA

Local News

February 3, 2012

Drunken driver gets the max for 4th conviction

A Peabody District Court judge has sentenced a 48-year-old Gloucester man to 21/2 years in jail after he was convicted for a fourth drunken driving offense.

The sentence dealt Tuesday to Mark McManus, 48, of Tredwell Lane in Gloucester by Judge Richard Mori represents the maximum penalty for the charge in any Massachusetts district court.

McManus was arrested at 9:36 p.m. last July 24 while driving on Summer Street in Manchester.

Manchester Police were unable to give any further details about the arrest Thursday, but noted that, in their records, McManus is listed as having a history of six drunken driving allegations or incidents.

In court, McManus was able to argue Tuesday that, though he now had five convictions, one of his previous offenses should not be considered because he was not represented by a lawyer in that case.

McManus was defended in court by lawyer Hank Brennan, with Patrick Collins as the prosecutor.

David DeIulis, spokesman for the Massachusetts chapter of Mothers Against Drunk Driving, said that, while the list of convictions McManus has for drunken driving may seem high, his case is not rare.

"In this state, there are over 26,000 drivers with six or more OUIs (operating under the influence convictions)," said DeIulis.

DeIulis said that, while many drivers who are stopped and charged with drunken driving will change their behavior and stop drinking and driving, some continue to drive while drunk no matter how many times they are caught.

"They re-offend No. 1, because we let them, and No. 2, because they can," said DeIulis.

DeIulis cited the minor punishments meted out to first-time drunk drivers and the difficulty of monitoring drivers who are determined to break the law as reasons why those who repeatedly drink and drive get away with it.

"Nothing really happens on that first offense," DeIulis said.

MADD has been lobbying to require that all of those convicted of drunken driving have devices that prevent a car from starting if the driver cannot pass a alcohol breath test.

Right now, those with multiple convictions can be ordered to install the devices, but it is not always a requirement, and those who insist on drinking and driving could simply borrow a different car, DeIulis noted.

Stephanie Bergman can be reached at 978-283-7000 x3451, or at sbergman@gloucestertimes.com.

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