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On June 7, 2012, two new laws took effect that stiffen the penalties for impaired driving that result in death. (AP)

Federal Way woman first to face stiffer DUI penalty

BY Tim Haeck  on June 14, 2012 @ 6:56 am (Updated: 8:49 am - 6/14/12 )

We don't know what a Federal Way woman was thinking when she peeled out of a parking lot with her preschool age son in her car and then crossed the center line and smashed into another car.

The high speed crash on June 7 in Federal Way killed the other driver.

Michelle Dittamore probably knows by now that if she's convicted of vehicular homicide, she could face about triple the sentence she would have received had the crash happened one day before.

On June 7, 2012, two new laws took effect that stiffen the penalties for impaired driving that result in death.

King County Prosecutor Dan Satterberg alleges that Dittamore had taken a variety of prescription medicines before she got behind the wheel. The crash killed 48-year-old Jana Berry.

Dittamore is OK and so is her 4-year-old son. Having the little boy in the car could add to Dittamore's sentence. One of the new laws includes "a mandatory one-year additional sentence for having a minor in a car," Satterberg explained.

Under the old sentencing guidelines, a conviction for vehicular homicide would have probably sent Dittamore to prison for 2 and a half to 3 and a half years. The new sentencing guidelines, including the enhancement for having a child in the car makes Dittamore's sentence range 7 and a half to 9 and a half years.

Satterberg says the new sentencing law makes conviction for a fatal drunk driving crash comparable to the punishment for manslaughter.

"Washington used to be embarrassingly low in our sentencing schemes, compared to our neighbors Oregon and Idaho," he said.

Satterberg thinks the new sentencing guidelines do more to protect us from imparied drivers.

You can argue whether or not the stiffer sentences for drunk driving fatalities will deter anybody. Satterberg says we're battling a culture that used to look the other way.

"These new laws that say you can't drive drunk or impaired with a child in your car, that really give us the first-degree manslaughter type of sentence [...] are another milestone in our battle against drunk driving," Satterberg said.

Wednesday, a judge set bail for Dittamore at $250,000. She is jailed and due in court on June 25 to enter a plea.

Tim Haeck, KIRO Radio Reporter
Tim Haeck is a news reporter with KIRO Radio. While Tim is one of our go-to, no-nonsense reporters, he also has a sensationally dry sense of humor and it will surprise some to learn he is a weekend warrior.
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Comments (22)


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  • Fuego wrote...
    Stiffer laws
    June 14, 2012 7:40 am
    will keep offenders off the street longer but most likely won't prevent future victims. With state cutbacks I can only imagine that these drunks will get early release due to over crowding at the prisons.
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  • bora wrote...
    New law will apply to this woman but never apply to drunk goverment officials
    June 14, 2012 7:48 am
    That's right .. who makes law can break laws. poor woman
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • R L M 456 wrote...
    Do not forget the Cops
    June 14, 2012 9:10 am
    If they are drunk driving , even in a personal car -- It will have been in the performace of a "sting" and beyond accountability..

    Party On, Good Brothers

    High 5 to the INTERNAL INVESTIGATION Team

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  • Nickatnyt wrote...
    What kind of alcohol was she drinking? I missed that part
    June 14, 2012 8:05 am
    Yes, she should face manslaughter charges and prison time, but not 'drunk' driving. Let's save that charge for those who really deserve it, say maybe the people who get drunk and drive? I love harsher penalties, but I also think there is a difference between taking prescription meds (assuming they are her meds), and spending the afternoon at the local tavern getting soused.
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  • zx9rjohn wrote...
    see my comment, below
    June 14, 2012 4:55 pm
    DUI---is driving under influence. not DRUNK. Even prosecutor said drunk. This means, as I mentioned below, Nyquil, pain meds, weed, coke, Meth..Yeah, I have a DUI conviction, '05, learned from it.
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  • Steve Dallas wrote...
    Finally, a law with a little teeth in it.
    June 14, 2012 8:10 am
    Not enough, in my opinion...as it doesn't address drunk drivers that don't commit murder with their cars, but threaten it every time they drive drunk. Those penalties need to be increased as well. I'm talking about 3 month sentence for 1st offense type penalties, not our catch & release program we have going now.
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  • iapproveofthismessage wrote...
    @ Steve Dallas
    June 14, 2012 12:35 pm
    Completely agree!The current penalties in the US are laughable as compared to many other countries (U.K., Germany, Sweden, etc.). In fact, recently Ann Bremner drove drunk, wrecked her car, then called 911 who instructed her to not drive and call AAA. She then drove again drunk until pulled over, proceeded to lie to the police, then threaten to sue SPD, only to not only get off with a slight slap on the hand, but then represent the very news network publishing this very story! laughable indeed if it we're so sad.
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  • Sean wrote...
    ABSOLUTELY, Steve...
    June 14, 2012 1:37 pm
    More teeth would be better, but this is a LONG-overdue step in the right direction.
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  • Denco25 wrote...
    About Time
    June 14, 2012 9:11 am
    About time they increased the penalty. Now it will be to the courts to follow through and not plea deal everything down. Throw the book at her.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • xplanes wrote...
    Well, I'd say
    June 14, 2012 10:02 am
    that's bad luck for here getting arrested the day the stiffer penalties took effect, but it's far worse luck for the victim of that a-hole.
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  • O-town listener wrote...
    nickatnyt
    June 14, 2012 12:13 pm
    More details from another story: "Dittamore had ingested a tumbler of pink champagne and the drug Klonopin 2 1/2 hours before the crash. Her license was revoked in 2009, and she took the car from her father without his permission. She was also uninsured. Police said she became argumentative when they told her her son was in the car, insisting that he was with his father."
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  • Sean wrote...
    Great point, xplanes...
    June 14, 2012 1:38 pm
    If she wants to say how unlucky she is here, she can take a look at the death certificate of the woman she killed and the fact that her 4-year-old is NOT dead... She's D4MN lucky, in the scheme of things, to get seven years in jail.
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  • PlainJ wrote...
    As the mother who lost a child because of a drunk driver
    June 14, 2012 12:35 pm
    I'm appreciate that there are now stiffer penalties. The driver who killed my 21-year old daughter served two years, we are serving a lifetime. Also, DUI means Driving Under Influence -- alcohol and/or drugs. If a Rx drug states, "Do not operate heavy equipment while taking this medication" that means don't drive.
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  • Sean wrote...
    You have my sympathies, PlainJ
    June 14, 2012 1:39 pm
    I've known people who've died at the hands of a drunk driver too, but fortunately no family members. How senseless it is...
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  • murr wrote...
    While it will still be OK to drive department cars drunk
    June 14, 2012 2:33 pm
    While even with open containers. Just have to be law enforcement, thats all.
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  • It's me! Ha ha! wrote...
    All the laws will make little difference
    June 14, 2012 4:07 pm
    if soft on criminal judges are retained and dbag liars are able to punch holes in the laws.
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  • zx9rjohn wrote...
    DUI IS NOT DRUNK
    June 14, 2012 5:18 pm
    even tho every comment on this page is about drunk....DUI is impaired. do they not teach this in drivers ed? could be NYQUIL, mouthwash, weed, coke, meth, PILLS. She was HIGH, not drunk as all of you stated and even prosecutor...
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