Woman denied “shock” probation in fatal DUI
A Kentucky woman tried unsuccessfully to gain probation due to her mental state for a prison sentence served in a DUI fatality.
Emily Hall is serving a 10-year sentence stemming from a 2007 traffic accident that killed a passenger traveling in a tractor-trailer. It was Hall’s second DUI conviction. The defense team said the woman, 20 at the time of the accident, suffered deep emotional wounds due to the guilt she carries from the accident.
Hall’s BAC was recorded to be over .15% when she collided with a tractor-trailer, killing the passenger, Abe Reimer. Hall was fresh out of a diversion program from a prior DUI when she committed the offense. Prosecution cited this fact, saying Hall had the chance for rehabilitation already, as reason to deny her probation request.
Hall asked to be released so she could become an anti-DUI activist. The judge determined, however, that Hall is serving a sentence in keeping with the crime she committed.
The theory behind shock probation is simple: an offender spends a short period of time in jail and is “shocked” into a reformed lifestyle. Depending on the state, there is a narrow window when an offender can ask for chock probation. Shock probation can be a cost-saving measure for many states who incarcerate non-violent offenders. However, most DUI fatalities are considered violent, and shock probation is rarely granted, particularly for a repeat offender.