Numerous Boston Media sources are reporting that Donna Sclamo, the  woman who struck Massachusetts State Police Colonel Marian J. McGovern on Shewsbury, MA on October 11th of this year, has entered a plea of not guilty in the Westborough District Court. Sclamo was charged with5th offense driving under the influence of alcohol and operating on a license which was suspended for DUI. The allegedly drunk woman rear-ended Colonel McGovern’s unmarked Ford Explorer on Route 9, as the Colonel was heading to her office at State Police Headquarters. If convicted, she will face a substantial jail sentence.  The penalty for OUI 5th offense, in addition to a lifetime license suspension, is a minimum mandatory state prison sentence of not less than 2½ years, up to 5 years, or imprisonment in the house of correction for not less than 2 years, up to 2½ years; and a minimum fine of $1500, not more than $25,000 fine, plus $250 Head Injury Assessment; $50 Victims of Drunk Driving Assessment; the case cannot be filed, continuance without a finding (CWOF’ed), and the sentence cannot be suspended. 12 months of probation is required and pursuant to G.L. c. 90 § 24Q, a person convicted of 5th offense DUI must also attend an alcohol assessment by the Mass. Department of Public Health or another DUI alcohol program approved by the court.
Colonel McGovern detected a strong odor of alcohol coming from Sclamo  and she notified uniformed troopers from the Millbury Barracks who responded to the scene. Due to the facts and circumstances surrounding this incident, a conviction is likely. Of course, the jury will not hear of Sclamo’s prior convictions, as that information would be unfairly prejudicial during the guilt or innocence phase of the trial. If convicted of DUI, a second part of the trial will be held where a judge will determine whether or not the prosecution has proven, beyond a reasonable doubt, the existence of the 4 prior DUI convictions and whether or not Sclamo   is the same person identified in the court papers.

Since it was her 5th DUI offense, if Sclamo refused the breathalyzer, her license will be revoked for life. Melanie’s law imposes lifetime license revocations for anyone who has 3 or more prior DUI convictions on their record, in any jurisdiction, using a lifetime lookback. If convicted, her license will also be revoked for life, with no possibility to be considered for a 12 hour hardship license.

After the accident Colonel McGovern spoke out regarding the dangers of DUI and impaired drivers on the roadway. She is the first female Colonel and she is well respected by the rank and file troopers. I’ve spoken with Colonel McGovern on several occasions and she impressed me as a true law enforcement professional who worked her way up the ranks.

Proponents of tougher Massachusetts DUI laws, such as Senator Robert Hedlund (R-Weymouth)  will undoubtedly point to his high profile incident to show that nobody is immune from the dangers of intoxicated drivers and that Melanie’s law needs to be strengthened. Legislation will be filed on Beacon Hill during the upcoming legislative session to make the penalties for being convicted of DUI in Massachusetts even more harsh. One such bill will require even DUI 1st offenders convicted of DUI to use the ignition interlock device during the term of any hardship license and for at least 6 months after getting a full reinstatement.