Attorney: Wrinkle in Ohio law allows habitual drunk driving offenders behind the wheel

CINCINNATI, OH (FOX19) - Cincinnati defense attorney Mike Allen says wrinkles in Ohio laws may have created a situation that allowed a habitual drunk driving offender to drive, then hit and kill a man on his bike.

"You've got to lock them up and separate them from the keys to the car. That's all you can do," said Allen. "What the law looks at, it's a six year look back, or how many DUIs you have within a six year period, and this individual's were spread over a number of years."

Allen says that's what gave Todd Shaw a chance to get behind the wheel.

Police say Shaw drove drunk on Friday, February 21st. He then stuck and killed Fred Carey, a bicyclist. Carey died. Police say Shaw fled the scene of the accident on Friday.

The local chapter of Mothers Against Drunk Driving (MADD) says that shows a fallacy in Ohio law.

"We're seeing a rash of hit-skip crashes in Ohio. All throughout the year we are seeing more and more and there's one reason why. People who leave the scene of an accident leave it because they are hiding something and more times than not it's impairment," said Doug Scoles, a spokesperson for MADD.

In Ohio, leaving the scene of an accident is only a misdemeanor. MADD's Ohio chapter is working with the state legislature to change that, and make leaving the scene of an accident with injury or death a felony.

"This will put a little bit of teeth behind the law, and work as a deterrent from people leaving the scene of the crash, and hopefully we can have justice prevail," said Scoles.

He went on to say MADD hopes this will be signed into law in the next few months.

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