By Barbara Baez
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The four friends were on their way home from Applebee’s in Farmingdale for a farewell dinner after their Thanksgiving break from college when an SUV crossed into oncoming traffic. There was no time to react. Their convertible was hit head on, killing the driver, Jason Shein, and critically injuring passenger Eric DiGiovanna, while the two others walked away with minor injuries.
The man who allegedly caused the crash, 46-year-old Persi Esquivel, of Valley Stream, was on probation after pleading guilty to drunk driving in 2006 and was driving with a suspended license this time. He remains in Nassau jail awaiting trial.
“I think that’s one of the most upsetting parts about this situation,” says DiGiovanna, who has endured countless surgeries and hours of physical therapy since the crash that claimed his lifelong friend. “This man had a conviction against him. Something should have been done to prevent it from happening again.”
For DiGiovanna, that is the problem with drunk driving on Long Island: the consequences are not tough enough. “[Esquivel] was not afraid of any repercussions,” he says. “When someone makes the decision to drink and drive, they don’t realize that they could be turning someone’s world upside down,” DiGiovanna continues. “You don’t think that you’re going to take the life of someone who is in the prime of their life, someone like Shein.”
Heart wrenching as this case may be, it is not unique. One third of driving while intoxicated (DWI) arrests made annually are repeat offenders and those recidivists are nearly 40 percent more likely to be involved in a fatal crash, according to Mothers Against Drunk Driving (MADD). Esquivel was just one of an estimated 50 to 75 percent of DWI convicts who drive with suspended licenses.
“They are not watched closely enough,” says Denna Cohen, president of LI’s MADD chapter, whose daughter was killed 20 years ago by a four-time repeat DWI offender. “And they know they can get away with it. Ignition interlock is our top priority.”
Although first-time offenders are often charged with misdemeanors and spared the harshest punishments such as losing their car, a proposed New York State law would require Ignition Interlock Devices (IID), which act as a breathalyzer, for all convicted drunken drivers—not just those who a judge decides it’s appropriate for on the second offence.
“Placing interlock devices in the vehicles of all first-time DWI offenders ensures that they don’t become repeat offenders,” says Nassau County District Attorney Kathleen Rice through a spokesman. “Drunk driving is an epidemic on Long Island and we need every available weapon to fight it.”
To start an IID-equipped car, the driver must exhale into the device. If the driver’s blood alcohol content (BAC) is higher than the set level, usually .02 or .04 percent, the vehicle will not start. A sober driver will be able to start their car, but while the car is in use the IID will require another BAC reading to keep running. If a reading is not given, or if there is alcohol on the driver’s breath, usually the horn will honk and the lights will flash until the car is turned off.
Another deterrent to drinking and driving is the cost of installing an IID, which solely falls upon the convict, and can be anywhere from $100 to $200. But even if it doesn’t cost the taxpayer, there are still some who are opposed to the legislation.
“We think a judge should decide whether or not someone should use an interlock,” says Sarah Longwell, president of the American Beverage Institute, who suggests that the law is a part of a larger plan to eventually have the devices installed in all vehicles.
Regardless, IIDs are not the first line of defense. This technology is in addition to probation programs already in place.
Convicted drunk drivers are required to be evaluated by a substance abuse counselor. If treatment is recommended by the counselor, then the individual will not be released from probation until the treatment is complete, according to Suffolk County Probation Director John Desmond.
And not every DWI convict goes on to kill. “A lot of people learn from their mistakes and become contributing members of society,” Desmond says.
Esquivel was not one of those people, as that fateful November night proved.
“I am having a very hard time coping with losing Jason,” says his mother, Betsy Shein. “He was always the love of my life.”
DiGiovanna says that night changed his life. “It was a complete and total blow to my heart,” he explains, adding that he missed Shein’s funeral while he was hospitalized. “Not a day goes past that I don’t think about him.”
