Expunging the DUI record

The tragedy of a drunken-driving death can never be erased, though society deals with it by punishing the guilty to satisfy our sense of justice and as a deterrent to others.

In the case of Judy Jacoboni's daughter, Michelle, who was killed by a drunk driver in 1990, it has led to much more -- a chapter of Mothers Against Drunk Drivers in Dayton, and with it constant reminders of the deadly dangers of driving while intoxicated and a campaign to strengthen DUI laws in Nevada.

Now, 10 years later, the case also sheds light on an apparent loophole in those laws.

Shelley Roinestad, the woman who went to prison for killing Michelle Jacoboni no longer has a DUI conviction on her record -- even when she was picked up again on Nov. 14 for driving drunk. So she went to court as a first-time DUI offender, even after serving a 10-year sentence for a drunk-driving accident that killed a person.

The 10-year span is the reason. Nevada law expunges the DUI from the driver's record after seven years.

To Judy Jacoboni, this is a travesty. "Once you're a felony DUI, you should always be a felony DUI. Every subsequent DUI should be considered a felony," she told Appeal reporter F.T. Norton.

Emotionally, we agree with Jacoboni. The law seems flawed in this instance.

But on reflection, we find the law itself isn't to blame. The responsibility still lies with the individual.

The judge was aware the previous DUI involved a death, and acted appropriately in sentencing Roinestad to a treatment program as well as 11 days in jail. When she showed up intoxicated at jail, she got a six-month sentence for violating the conditions of her probation.

It is an extraordinary case, and it has tested the system. The law recognizes some people are capable of change, so it gives them the chance. Some people, unfortunately, prove they don't deserve such an opportunity.