By Dan Towery, For the Journal and Courier
Wayne Fountain made several bad decisions when he allegedly drove
drunk, wrecked his truck and then didn't inform the police of the crash.
What does it take for someone to understand that driving drunk is
unacceptable and a danger not only to themselves, but also to others?
Once an excessive amount of alcohol has been consumed, motor skills are
slowed, reaction time is reduced, and the person may not be able to
control their vehicle. It is considered a criminal act in Indiana to get
behind the wheel with a blood alcohol content over 0.08 percent and
attempt to operate a motor vehicle. Even though Wayne Fountain has seen
literally thousands of OWI cases in the seven years he has served as
magistrate, has sentenced some of these offenders, and has heard many
different excuses and promises not to drive drunk again, apparently he
didn't think the law applied to him.
We are all human and make mistakes. However, as I tell every group that
I speak to on the dangers of driving drunk, there may be unintended
consequences of doing this. It may involve being arrested, crashing your
vehicle and causing property damage, or injuring or killing yourself or
some innocent person. Every time one drives drunk they are rolling the
dice as to the unintended consequences. But there is one thing in common
with every one of these unintended consequences, someone consciously
decides to consume numerous alcoholic beverages and then decides to drive
their vehicle.
Fountain may be the exception, but law enforcement will tell you that
when one is caught for OWI, the person usually has a history of driving
while impaired. There is no evidence available to suggest that Fountain
has previously driven while impaired, but that is one of the questions
that needs to be answered.
Assuming Fountain has no other convictions in his past, he is probably
looking at some type of official reprimand. In addition, he also has the
time suspended without pay from his job as magistrate.
However, the job as magistrate is not an ordinary job. It is a
high-profile position that invites public scrutiny of ones behavior when
it involves a criminal act. We have a right to have higher standards for
those elected to office, prosecutors, police and others in a position of
public trust. When one accepts a public position, it involves a certain
level of trust and responsibility to the public they are serving. Setting
an example goes with the territory with these positions.
Although Fountain was not elected to his position, judges who were
elected selected him to be the magistrate. They placed their trust and
confidence in Fountain to represent them in the courtroom and to conduct
himself in a responsible fashion when away from the courthouse. Fountain
broke that trust when he allegedly drove drunk, wrecked his truck and
injured himself.
How can Fountain look another OWI offender in the eye and pronounce
judgment? It would seem that he no longer has the credibility to sit in a
judge's chair and demand the respect from offenders that automatically
comes with the position.
Fountain's criminal case should not involve special penalties or
special favors. However, Fountain needs to be accountable for his actions
and should do the ethical thing -- resign his position as magistrate.
Respect and trust are not automatic, they must be earned. Resigning would
be the first step in regaining his respect.
Towery is president of the Greater Lafayette chapter of Mothers Against
Drunk Driving (MADD).