HILLSBOROUGH COUNTY, Fla. — Dana Rivera was hit and killed in a DUI crash in February. Now, her best friend is speaking out and pushing for change.
Around 7 p.m. on February 27, a Pinellas County deputy arrested Nicholas Betancourt for driving under the influence in East Lake. Court records show that he was released from jail the next day at 9 a.m.
WATCH full report by Keely McCormick
Less than seven hours later, authorities said that Betancourt, who was driving on a suspended license, was going north on Gunn Highway in Odessa when he drifted into the southbound lane and hit another vehicle. That crash killed Rivera.
Her family said every day since has been a nightmare. Three of her four children were in the car with Rivera at the time of the crash. They suffered from serious injuries, but survived.
Jennie Andino was Rivera's best friend.
“They have physical scars on top of emotional scars, and now we are left with trying to pick up the pieces, trying to build a life for kids who don’t have their mom," Andino said.
Andino said it has been a brutal few months for Rivera's friends and family. She is now pushing for new laws with stricter DUI penalties.
“He was released a few hours before killing Dana, and I feel like if our laws would change, if we would hold people accountable for what they’re doing, then this wouldn’t happen,” Andino said.
Andino launched a petition calling on lawmakers to create stricter penalties. She wants to see mandatory jail time for people convicted of a DUI, and also a 72-hour hold with no bond for drivers who are pulled over while impaired.
Local criminal defense attorney John Musca with Musca Law Firm stated that it is unlikely because it would violate due process.
“From a legal standpoint, for mandatory jail time, especially a 72-hour hold without a hearing, we feel it would face serious challenges,” Musca said.
There is a bill that was recently signed into law that does increase penalties for DUI cases in Florida, called Trenton's Law. It's set to go into effect on October 1 and will create harsher penalties for repeat DUI and BUI manslaughter and homicide cases.
It will also criminalize refusing a breathalyzer or DUI test. Larry Coggins with MADD Florida said this new law will deter people from getting behind the wheel.
“It is unfortunate that we have to have these laws. It is unfortunate that we have to keep changing these laws to catch up with the times. A DUI is 100% preventable,” Coggins said.
Some legal professionals are voicing concerns about this law. They said parts of Trenton's Law are too broad. The legislation also expands driving under the influence and boating under the influence to include any “impairing substance.”
Musca explained that under Trenton's Law, Florida can charge a driver if they are impaired by something like NyQuil or a prescribed medication.
“The vagueness creates the possibility of many, many people being overcharged who weren’t actually impaired in the first place. We believe it puts law enforcement in a much more subjective position, making arrests on observation rather than measurable standards,” Musca said.
Hillsborough County crews work six days a week to improve stormwater drainage
The ongoing restoration work is part of a larger effort by Hillsborough County Public Works aimed at mitigating flooding risks throughout the area. Officials are hopeful that these improvements will provide a sense of safety during this hurricane season.
