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Posted on Mon, Nov 15, 2010 : 2:10 p.m.

Accused drunken driver charged with causing fatal crash in Superior Township

By Amalie Nash

Related story: Victim's family questions $5,000 bond for man charged in fatal drunken driving crash

Washtenaw County sheriff's officials say a driver's blood alcohol level was at more than twice the legal limit to be considered drunk when he caused a morning crash that killed a South Lyon man.

Robert Walter Bennett, 54, of Novi was arraigned this afternoon on charges that included operating while intoxicated causing death, operating with a high blood alcohol content, two counts of possessing a firearm under the influence and operating while intoxicated. Sheriff's Sgt. Dave Archer said Bennett's blood alcohol content was 0.19.

The crash occurred at 6:30 a.m. Oct. 31 at Ford and Plymouth roads in Superior Township. Bennett's 2008 Chevrolet Silverado exited M-14 and slammed into the back of a 2010 Ford Focus at a stoplight. Police estimated Bennett's vehicle was traveling 70 to 80 mph at the time.

Robert-Bennett.jpg

Robert Bennett

The impact of the crash pushed the pickup over the Focus and onto a Chevy HHR, and then it swung back onto the Focus, Archer said.

The driver of the Focus, 57-year-old Donald R. DiNatale of South Lyon, was pronounced dead at the scene. He was on the way to Oakwood Hospital, where he worked.

Archer said Bennett had a valid license to carry a concealed weapon and had two firearms in his vehicle. It's illegal to possess firearms under the influence of alcohol.

Bennett's crash occurred on the first day new penalties for drivers whose blood alcohol level is 0.17 or above went into effect. The new penalties include a maximum of 180 days in jail, fines from $200 to $700, a one-year license suspension and a mandatory alcohol treatment program or self-help program for at least one year.

Magistrate Thomas Truesdell set bond for Bennett at $5,000 cash surety. He will return to court for a preliminary hearing Dec. 14.

More than a dozen of DiNatale's family members, friends and coworkers attended today's arraignment.

AnnArbor.com's Lee Higgins contributed to this report.

Comments

rcichon

Tue, Nov 16, 2010 : 10:51 p.m.

@ Amalie Nash. Perhaps a good story for Ann Arbor.Com would be getting professional opinions on this 5k bond Bennett recieved. I would be interested in hearing from Michigan State Police,Washtenaw County Sherrifs Office, Mothers Against Drunk Drivers along with the legislative body that wrote and sponsered Michigan's new Super DRUNK Law and who over see's the Magistrates performance, let's have some transperacy in the Justice System. This story will not go away, there are many readers following this case.

Ypsisucks

Tue, Nov 16, 2010 : 8:25 p.m.

Interlock devices (breathalyzer in cars) are the only thing that is going to stop this from happening more. Fines, jail times, etc.., are not going to stop a drunk from driving a car they can start. They are required in every car in some countries why not here? And the answer to that is all the money the cities and counties would lose if there were no drunk drivers on the road. The average drunk brings in about $5000 in court cost, fines, probation oversite fees, driver responsibility fees, etc.,etc.,etc.. Do the math, arrest 10 a week that's $50,000.

Mertie

Tue, Nov 16, 2010 : 5:16 p.m.

I will probably get a reaction from this but there needs to be a law that bars do a breathalizer on patrons, with excessive drinking (let the legal system set the amount) leaving their bars. Police need to be notified of those patrons that are too intoxicated to drive or if they refuse to take the test. I'm sorry but the bars need to be accountable for sale of liquor. Innocent people should not die because of -ackas- drunks. He also should have been made to take that head rag or hat off for his mugshot photo. Drunks do not need to look "cool" A $5000.00 bail is a joke. So sorry for the man that died. Condolences to his family.

Cash

Tue, Nov 16, 2010 : 1:07 p.m.

Jason, Well in Michigan the charge has been.......... first or second degree murder. That can lead them to life in prison. That didn't stop this man or the woman last week or the folks before them. Because very simply....no one ever think this will happen to them. Thus it makes no difference how strong the sentence...because it WILL NOT happen to them. It's not working. If it worked, this accident wouldn't have happened. Nor the one before it. Nor the one before that one....etc. If you read this website you don't need anymore proof that it doesn't work. It's time to face it.

walker101

Tue, Nov 16, 2010 : 12:26 p.m.

It takes about 10 Whisky HighBalls or Mixed drinks for a man weighing in @ 200 LBS 1 HOUR AFTER DRINKING to reach a BAC (Blood alcohol Content) of.16. If his was at.19 surprising he was even able to start his vehicle.

walker101

Tue, Nov 16, 2010 : 12:13 p.m.

The state of Michigan requires a 10% premium on the total bail amount. The amount that the arrested persons family pays out of pocket for their release depends on whether they hire a bail agent or not. The arrested can pay 10% of the total bail amount directly to the jail and in most cases be released without a bail agent. For example, if the bail was set at $30,000, the cost of release would be $3,000. The second option is employing a bail agent to post bail. The bail agent pays 25% of the full bail amount and the arrested pays 10% of that amount to the bail agency. For example, if bail was set at $30,000, the out-of-pocket cost would be $750. This loser is back out on the street, he gets a free pass out of jail card (almost) for killing an innocent victim, what were they thinking, it should have at least been $100K, maybe that would taken some cash away from buying more alcohol. Only $500 gets you out of jail for killing someone, this was no accident.

Jason

Tue, Nov 16, 2010 : 10:09 a.m.

Cash...Ohh how you are wrong,Larger sentence and rehabilitation does work! Have you seen other countrys of which I will not mention with terrible drinking problems,but no were near the drinking and driving issue,in fact almost none.But the penaltys are STIFF! Either detour with penaltys like this or we will deal with this.

Cash

Tue, Nov 16, 2010 : 7:12 a.m.

ViSHa, There will be civil suits that will identify and sue all related enablers. However, I agree the criminal charges should be there as well if there is validity to a charge. Of course we do not know any of the background in this case...at all. This would be a logical move to make bar owners think twice..... as insurance covers lawsuits, but they can't help them if they are criminally charges. I don't recall in any of the many recent cases, that any criminal charges were pressed against bar owner or servers, do you? Good post, thanks.

ViSHa

Tue, Nov 16, 2010 : 6:49 a.m.

how about finding out where he was prior, or who he was with. did anyone knowingly let him leave while that drunk? if you can't change the drunks behavior, put the squeeze on people who allow this to happen, like the family members of that guy who killed the mother and 4 (?) little kids a couple of winters ago. of course if he was alone, this is moot, but since he was driving, he may have been with others. i could be wrong, and it was a holiday, but.19 at 6:30 am indicates to me he is more than a social drinker.

Cash

Tue, Nov 16, 2010 : 5:41 a.m.

No, my point is that taking potshots at this one man accomplishes nothing. If you want to do something positive, discuss ways to curb the problem...drinking and driving is a problem. Tough sentences isn't impacting the problem. What would make people think before they drink? Would something such as only allowing 2 drinks per person at a bar be okay? Would it be taking away their rights? Or the rights of the bar to make money? I am clueless as to what would work but I am positive of one thing. Tough sentencing and hurling insults at the alleged drunk driver...it's not working. The holier-than thou approach is really getting old.

Greggy_D

Mon, Nov 15, 2010 : 9:58 p.m.

Cash, did you realize the #1 cause of death on the road is sober speeding? Shall we treat/penalize every sober speeder like "drunk" drivers?

rcichon

Mon, Nov 15, 2010 : 8:37 p.m.

@cash many drink many drive under the influence but one has to know you are at risk for causing graet bodily harm at the least. Bennett had A BAC level of 0.19 at time of the blood draw, blood experts will be called to testify that Bennetts BAC was actually higher AT THE ACTUAL TIME OF THE CRASH, WHICH WAS AT 6:30AM. What are we going to do about? Enforce the new Michigan SUPER DRUNK DIVER LAW enacted Oct.31st 2910. Dedicated drivers are avaiable for the heavy hitters, there is no way to justify taking a Life with your Motor Vehicle while driving drunk. It was apoor choice by Bennett soory to say.

T Kinks

Mon, Nov 15, 2010 : 6:55 p.m.

Let's just go back to prohibition.

Cash

Mon, Nov 15, 2010 : 6:47 p.m.

Isn't it funny how everyone keeps coming back to this one man...the driver...but no one want to think about the very behavior that goes on every single night in every single bar around here....?? Can we face the fact that people right now are doing the same thing this man did...drinking, probably missing sleep, and then driving? They are just luckier than he was. What do you want to do about THAT? Because this man's case will make no difference to anyone's behavior. It hasn't with any other accident. They raise the stakes with charges and sentences and it makes no difference. Why? Because it can't happen to me. That just happens to alcoholics. That just happens to drunks. That just happens to other people. How much are we willing to change to help prevent this type of accident? Because so far, nothing has changed. Taking potshots at this particular man is easy. No one wants to talk about how we get people to think BEFORE they drink. And how we change the social acceptance of drinking to excess in bars across America.

rcichon

Mon, Nov 15, 2010 : 5:38 p.m.

@Atticus Where are you coming from Operating while intoxicated causing death is not the same as being involved in a accident that resulted in death with no alcohol involved, correct me if I'm wrong. Don't hit me back with "well they both ended in death" Alcohol is the factor plain and simple. Are you one of these people that believe alcohol makes you a better driver with quicker reactions times, etc.

Roadman

Mon, Nov 15, 2010 : 5:34 p.m.

Some County Prosecutors are charging these type of cases as second-degree murder on the grounds that driving under the influence of liquor constitutes a wanton and willful disregard for the safety of others. Convictions for murder in these type of drunk driving cases have been affirmed by appeals courts in Michigan and sentences of up to 20-40 years in prison have also been affirmed in the higher courts. The OUIL causing death statute has a 15-year maximum sentence and with indeterminate sentencing requirements, the highest penalty that can be handed down by a judge under this statute is 10-15 years in prison, although in practice most such sentences are far less. Sentencing practices vary from judge-to judge and county-to-county.

rcichon

Mon, Nov 15, 2010 : 5:29 p.m.

Bennnett's 5K bond is awfully low, however this is not the penalty for what he is charged with. The 5k basically keeps him out of prison until his sentencing if convicted of operating intoxicated causing death. This charged will not be washed by a low bond it;s only gives Bennett freedom temporarly until a lenghty sentence is imposed for taking the Life of Donald Dinatale. In the end Bennett will be held accountable and punished for his actions he is Charged with.

jsulli

Mon, Nov 15, 2010 : 5:21 p.m.

i do not see the words premeditated or murder anywhere on this thread. the bottom line is this man can easily be out doing this again in the near future. Are you saying we shouldnt punish every drunk driver? That behavior like is should be tolerated? I think blowing into someone at 7 am at 80 mph with no signs of breaking while nearly two and ahalf times the legal limit suggests a bond higher than what was given. Maybe your emotions will get involved when this happnes to someone you know. But hey this isnt a big deal this is just vehicular manslaughter.

Hot Sam

Mon, Nov 15, 2010 : 5:18 p.m.

I'm a bit torn here...I can empathize with the remarks by Atticus, but this wasn't having a few glasses of wine with friends and getting home. I just think that this level of excess, speed, and circumstances make this more than simple "vehicular manslaughter" even though that may be the technically correct description...

Cash

Mon, Nov 15, 2010 : 5:16 p.m.

Atticus, Exactly. Obviously they did not see this man as a flight risk. Thus, the low bond. Family ties, age, previous record, etc...all play into the bond issue.

Cash

Mon, Nov 15, 2010 : 5:14 p.m.

@mike, Both families. No one thinks this could ever happen to them, to anyone they know or love. Never. It can.And it will happen to someone again. It happens over and over and over and nothing changes. Because drinking is fun. Bars play loud music and are a great place to relax with friends...Miller time, etc....all innocent fun. just a couple of drinks and I'll head home......

Atticus F.

Mon, Nov 15, 2010 : 5:11 p.m.

We're talking about vehicular manslaughter here...Not cold blooded pre-meditated murder, as some have suggested. Let me also remind people that we have had several other people killed recentley by sober drivers that were simpley inexpeienced. So before we get into punishing every drunk driver for the neglegence of one person, we should not let our emotions cloud the issue.

mike

Mon, Nov 15, 2010 : 4:55 p.m.

Cash, Which mans family are you talking about?

Hot Sam

Mon, Nov 15, 2010 : 4:52 p.m.

I'm with Mike...5K bond for murder is ridiculous

Cash

Mon, Nov 15, 2010 : 4:46 p.m.

Take a long look in the mirror, and in the bars as you pass by....forget about this man for a minute and think....WHO will be next? Because surely someone will be next. Don't think for a minute it can't be someone you know, someone you love on either end of the accident. A few drinks, lack of sleep....think about it. I'll bet this man's family never dreamed it could happen to anyone they know and love. Ever stop and have a couple and drive home tired? Anyone you know ever do that? Anyone you love ever do that? We need to think BEFORE the drink. After the drink is too late.

Snehal

Mon, Nov 15, 2010 : 4:43 p.m.

What kind fo charges a person faces when he kills another person? Does he get away with just $5000 bond? This is not only a drunk charge but a homicide and the culprit should be treated like one. No wonder just idiots are more on the road because of our "lenient" judges.

Stewart

Mon, Nov 15, 2010 : 4:41 p.m.

Self help program? Those with alcohol problems cant help themselves.. They need to be helped..

Fred

Mon, Nov 15, 2010 : 4:37 p.m.

"Sad, just sad!"

mike

Mon, Nov 15, 2010 : 4:27 p.m.

I see that now. Probably missed it because I was seeing red by the time I got to the end of the article.

mike

Mon, Nov 15, 2010 : 4:05 p.m.

Mr. Bennett was released on a $5000 bond. What is wrong with this picture? He was more than twice over the legal limit and he killed an innocent person. $5000 bond? Im in shock. Can someone please tell me the name of the judge who let this man free? This is a horrible injustice.

Ignatz

Mon, Nov 15, 2010 : 3:56 p.m.

I didn't see anything about brandishing, just possession.

jsulli

Mon, Nov 15, 2010 : 3:52 p.m.

Only a $5,000 bond for killing someone drunk, high, and brandishing fire arms. If they want to detour anyone they better start getting tougher a lot quicker.

leaguebus

Mon, Nov 15, 2010 : 3:41 p.m.

It only needs to stop one person and it works.

Cash

Mon, Nov 15, 2010 : 3:25 p.m.

Will this stop anyone from driving home after drinking at any of the multitude of bars in the area tonight? Probably not.

Ace Ventura

Mon, Nov 15, 2010 : 3:04 p.m.

The new "super drunk" law is the least of this guys worries. I don't think he will be needing a drivers license for awhile.

ViSHa

Mon, Nov 15, 2010 : 2:22 p.m.

Finally. Are those new penalties for being "super drunk" on top of the penalties for killing someone?.19 at 6:30 in the morning....