Repeat drunk drivers, a growing menace?

On a recent Friday night in Palm Beach County, the Contact 5 Investigators found a driver confused, his Lexus bruised after deputies say alcohol led him to cross over the median and take down a street pole.

It's a scene that has become all too normal in Florida, because DUI crashes have become all too common.

According to the Florida Highway Patrol, last year drunk drivers caused upwards of 50 crashes per day in the Sunshine State and killed nearly one thousand people.

It's a problem that is dangerous, deadly, and all too often, repeated.

"It's not fair and it shouldn't be," said Duane Jacobetti. He and his wife, Tina, know what repeat drunk drivers are capable of.

But, they could never imagine their only child would fall victim to one.

"I miss her so much. I never would have thought she'd be one of those statistics," said Tina.

16-year-old Jessica Smith was a popular cheerleader at South Fork High in Martin County when she crossed paths, this summer, with a repeat drunk driver. The driver, 58 year old David Whelan, was driving the wrong way on US-1 In Hobe Sound.

Tina had gone out looking for her daughter, when she found her.

"I see this accident scene with this truck but I really didn't think it was her truck so I pulled over. I talked to the officer and he's like 'what's your daughters name?' Then he said 'come here.' That's when I knew it was her. I thought maybe she was just hurt. He showed me her picture and then I see this purse her boyfriend got her for her birthday in April and I knew it was her," explained Tina.

Jessica died upon impact that June 23rd. So did her killer, 58-year-old Whelan. According to the Florida Highway Patrol crash report, Whelan's blood alcohol level that night measured nearly four times the legal limit.

But as more details about Whelan's past started to surface after the crash, the Jacobetti's grief turned to rage.

"This guy should never have been on the road that night," said Duane.

David Whelan had a history of alcohol problems. He had been arrested more than 40 times on various charges, most alcohol related.

The night he crashed head on into Jessica, Whelan had been convicted of three DUIs and his license had been suspended for the fifth time.

"Other than, literally, putting someone in jail, there's very little we can do to prevent them from getting back in the car. We can't, literally, hold everyone's keys," explains Nelson Baez, an Assistant State Attorney in Palm Beach County, where Whelan lived.

The State Attorney's office failed to prosecute Whelan three times last year when he was arrested, again, for driving under the influence and, once again, for driving with a suspended license.

The Contact 5 Investigators asked Baez why the state never pursued charges against Whelan for those arrests.

"I have nothing to say, specifically, about David Whelan's situation," Baez said, further explaining his office doesn't comment on individual cases.

But while the State Attorney's office isn't talking about the Whelan case, Palm Beach County Judge Barry Cohen, is.

"No one likes to say this, but no system is perfect. The criminal justice system cannot provide 100% public safety," Judge Cohen said.

Cohen signed a warrant for Whelan's arrest, issued just two weeks before the deadly crash. The warrant was issued after Whelan consistently violated the terms of his release from a 2009 DUI conviction.

But even though a warrant had been issued for Whelan's arrest on June 9th, warrant cops couldn't catch up with him before the crash on June 23rd.

"An attempt was made at his home address, but he wasn't there. Whelan was one of those offenders who had had multiple addresses, he had 8 different addresses on file from various encounters with law enforcement, " explained Lt. Chris Keane of the Palm Beach County Sheriff's Office warrant division.

But Judge Cohen explains Whelan's case is an unfortunate reality of a criminal justice system overloaded by cases, grossly underfunded and understaffed.

"When you look at volume, it's a miracle people get out of the courtroom at all and anything gets done," he said.

"Was this a system failure?" asked the Contact 5 Investigators.

"Well, obviously an innocent young woman is dead. She was killed by a guy who's got a record and she was killed by a guy driving under suspension, who was on probation for DUI. Um, I'm not prepared to say the system failed this victim," he said.

"Are you prepared to say the system worked," asked Contact 5 Investigator, Katie LaGrone.

Judge Cohen replied, "No, not at all."

Nearly 4 months after the crash, Jessica's memory remains where she died. A roadside memorial on US-1 in Hobe Sound is covered with messages from friends and family.

But her parents continue to ask questions, knowing the man who killed their only child, should never have been driving behind the wheel to begin with.

"How could this guy have gotten away with so much?

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