4th DUI at 88 MPH—Judge Rejects Deal, Adds Jail

[00:00:00] Speaker 1: All right, anything you want to say on behalf of your client? [00:00:02] Speaker 2: Yes, Your Honor, thank you. Your Honor, Ms. Sayers comes before the court at 50 years old with three prior misdemeanor convictions, the last being 10 years ago. She fully acknowledges the gravity of the situation. She's very remorseful and she's very embarrassed that she comes before the court for her bad choices. As the court is aware, Ms. Sayers has had significant stretches of sobriety throughout her adult life and she's committed to maintaining that sobriety and using the tools that she has to do so. She's also committed to re-engaging in treatment to address the trauma that she's experienced so that she can begin to put her life back in order again. She's been attending AA meetings again. She's looking forward to re-engaging with her therapist and doing some counseling. She's been doing some community service work with the Forest Township Hall with Dawn Fenstermaker, and she's got 60 hours in to date on that. She's also got a plan to take care of any fines and costs that the court assesses. We're asking the court to follow the party sentencing agreement and the recommendation from the Department of Corrections because we believe that it adequately punishes the conduct while allowing for a long-term of probation oversight to ensure that the same conduct is not repeated. Ms. Sayers has proven that under supervision she does very well. She demonstrated that with her perfect performance in sobriety court, having graduated with not a single violation, the bond violation and the incident offense was the only bond violation that she had. She had perfect performance since that slip up and she took measures to ensure that nothing like that would happen again. We've discussed at length the consequences that she could face if she were to violate the terms of this probation. She understands that she'd be exposed to a possible prison sentence, and that would be, you know, just absolutely devastating to her and her family, especially considering that she was previously employed with the Department of Corrections. For those reasons, Your Honor, we ask the court to follow the recommendation in the pre-sentence report, as well as the sentencing agreement struck by the parties. Thank you. [00:02:21] Speaker 1: Thank you. Ms. Sayers, you don't have to say anything today, but you're welcome to. Is there anything you want to say again? First of all, I just want to say that I am so sorry. I'm sickened and so embarrassed because of what I've done. I know that I messed up, and I just want to prove that I can do better. My kids, my grandkids deserve that, and I'm so sorry. Thank you. Thank you. Ms. Goodrich, any recommendations from the people? [00:02:50] Speaker 3: Thank you, Your Honor. On December 27, 2025, law enforcement had observed Ms. Sayers speeding at 88 miles per hour in a 55 mile per hour zone. The deputy had to use her lights and then had to use her siren to catch the defendant's attention. The defendant was honest about speeding and not having a driver's license and was honest that she drank three beers in a shot prior to driving. The lab results were .162. She's 49 years old. She was 18 at the time of her first arrest. She has no prior felonies and three misdemeanors. She has not been to jail or prison, but on probation twice. She's currently unemployed with a high school diploma. Given her OWI history, specifically in 2001, she pledged an impaired and was given fines and costs. In 2003, she pledged an OWI and was given probation, and in 2016, she pledged an OWI second and was given probation. The PSI is recommending 18 months probation with 30 days jail, which is consistent with the plea agreement. This will be her first jail sentence, and they'll be more available if she violates probation, so I asked the court to follow the plea agreement. And then I just wanted to point out the restitution in number 21, it has the right amount and it has zeros after it is being wanted that changed. Thank you. [00:04:11] Speaker 1: Okay, thank you. Commissioner Sayers, please stand for the court sentence. Well, these cases are tricky, you know, because you've got this repeat pattern of drunk driving in your life, Ms. Sayers. I don't know what to say about that today, you know. In 2001, you had an impaired driving, got no jail, fines and costs. In 2003, you got a drunk driving, got probation. In 2015, you had your third drunk driving, could have been a felony. You got a misdemeanor with sobriety court, so presumably very little or no jail. And now you get your fourth. I mean, the guidelines don't adequately take into account the pattern of drunk driving in your life. So it would not be unusual for me to even exceed these guidelines on a fourth drunk driving offense And look at giving you a year in jail or maybe even prison. The fact that it's been more than 10 years since your last drunk driving would counsel against a prison sentence. But what's striking to me here is now this is the fourth time you've stood in front of a judge for drunk driving. You're going 88 miles an hour on M33 at 2 in the afternoon at twice the legal limit. Doing 88 miles an hour at M33 stone sober is way too fast. And you're twice drunk. Fourth conviction. And I don't know. I just don't know that I can go along with the fourth time you're in front of a court with that kind of risky behavior that four drunk driving means Larissa Sayers does a grand total of one month in jail. I can't do it. It would be my intended sentence to place you on probation for 18 months, subject to the terms and conditions listed in the present report at pages two and three. Those would include 60 days of community service. They would include support group meetings and substance abuse treatment assessment. It would include $225 in OWI race reimbursement, $118 in state cost, $130 in the crime victims assessment, $350 in court costs, $500 fine and $60 DNA testing fee. And it would be my intention to order that you serve six months in the Sheboygan County jail with credit for two days served on the OWI third, which is a true fourth, 93 days jail on the DWLS with credit for two days. The probationary order would be on the felony only. And order that you can participate in the CBT or the trustee program. If the jail determines you eligible to shorten your sentence up that way. That would be within the advisory guidelines. If you believe there's reasonable grounds for that incarceration, given that this is your fourth drunk driving conviction and the high risk behaviors to the safety of the public in this case. That does exceed the sentence agreement of one month. So that gives you an opportunity right now to have a conversation with Ms. Elliott. You have two options. One, to accept the sentence or two, to withdraw the plea and schedule a case for trial. So I'll give you a minute to talk to her. Two very boring minutes later. Decision? [00:08:47] Speaker 2: Ms. Sayers is going to accept the sentence of the plea. [00:08:52] Speaker 1: So the sentence that I announced is the sentence that I will now impose. And Ms. Sayers, you are able to petition for early discharge from probation at the halfway point if you successfully complete the terms. We're going to hand you a piece of paper explaining that. Also, you are able to file an appeal if you want, and if you are going to give you a piece of paper about that. If you want a lawyer appointed, you have to ask within six months. We're going to ask you to initial one copy of the appeal paperwork right now, so we have a record that we gave it to you. The other one is for you to fill out if you want to take an appeal. And then within 24 hours of your release from the jail, I want you contacting your probation agent to get started. Do you have any questions for me? Okay, good luck to you. Okay, good luck to you. We are morning back. We will be in recess until 1:00 p.m.