SalemNews.com, Salem, MA

September 1, 2010

How did suspect still have license?

Six prior DUI convictions came before law changed

By Ethan Forman
Staff writer

DANVERS — Joel Grissom's criminal record lists at least six prior drunken-driving convictions dating back to 1979 and eight charges of operating under the influence.

Even with that record, Grissom held a valid license to drive when police caught up to him Sunday afternoon.

But if he's convicted this time, Grissom, 57, of 6 Venice St., could lose his license for life, according to police and the state Registry of Motor Vehicles.

Grissom's latest arrest on drunken-driving charges — in which police said a Breathalyzer test recorded his blood alcohol level at four times the legal limit — was the first in eight years, according to records from the Criminal History Systems Board.

The question is, with a lengthy driving record that includes many license suspensions and revocations, and seven previous charges of operating under the influence (including an outstanding charge in Florida), why did Grissom have a license?

"He may have fallen under old laws," Danvers police Sgt. Robert Bettencourt said.

Grissom's two most recent convictions for drunken driving, in 2001 and 2002, came just before the law was changed in 2002. The new "lifetime look-back law" allows officials to consider a driver's entire history when deciding on a penalty.

If that law had been in effect eight years ago, Grissom would have faced the loss of his license back then, because he had five prior drunken-driving convictions dating back to 1979.

At the time, however, officials could consider only the previous 10 years when determining how long to suspend a driver's license. Grissom's prior drunken-driving offenses were in 2001, 1990, 1987, 1986 and 1979 — so four of them were too old to be considered.

Even in charging him in 2002, only the 2001 conviction could be considered, so he was charged with second-offense drunken driving.

All that is different now.

"You will see, if he is convicted on this one, a permanent suspension on his license," Bettencourt said, though the law still provides for the ability to get a hardship license.

Grissom was pulled over in the driveway of his condominium complex after Patrolman Scott Frost found him driving 5 mph on Venice Street. He stopped for two minutes before turning into the complex. Police said he couldn't stand up without holding onto his pickup truck, and he admitted he had been drinking.

A Breathalyzer test recorded his blood alcohol concentration at .33, more than four times the legal limit of .08.

Failing the Breathalyzer test resulted in a 30-day license suspension for Grissom.

During his arraignment in Salem District Court, Grissom pleaded not guilty and was ordered held without bail pending a dangerousness hearing Friday.

According to his criminal record, Grissom's most recent drunken-driving conviction dates back to October 2002, when Topsfield police stopped him on Route 1 south. His license was suspended for 180 days.

Before that, in November 2001, Danvers police arrested Grissom and charged him with drunken driving and driving to endanger after an accident. No one was injured.

Since 1987, Grissom's driving record lists numerous suspensions, revocations for refusing to take a chemical test and accidents. In February 2003, his license was revoked for four years as a habitual traffic offender, and records show he got it back in 2007.

Staff writer Ethan Forman can be reached at 978-338-2673 or by e-mail at eforman@salemnews.com.