Hazard pleads not guilty to DUI; plea deal in the works
1:20 PM Mon, May 18, 2009 | Permalink
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PROVIDENCE, R.I. -- A plea deal may be close for the Scituate man accused of driving under the influence and causing an accident that killed a mother of six. The man, David Hazard, 38, pleaded not guilty to charges of driving under the influence death resulting, driving to endanger death resulting and refusing to submit to a chemical test, second offense, Monday during his arraignment before Judge William E. Carnes Jr. Defense attorney Paul DiMaio said discussions with Assistant Attorney General Jay Sullivan are leaning toward a potential plea agreement, to save the family the trauma of a trial. Hazard will be back in court on May 28 for a determination of attorney hearing, though DiMaio suggested an agreement might be reached before then. If the case moves forward, Hazard's pretrial date is set for July 20. Carnes continued Hazard's bail conditions: $25,000 with surety and no driving. The April 7 crash on Route 12 in Scituate killed Katherine O'Toole, 48, who was driving home from her 3 to 11 p.m. work shift at the Cedar Crest nursing home in Cranston, where she worked as a certified nursing assistant. Hazard was indicted on charges of driving under the influence of intoxicating liquor and other controlled substances, with death resulting. He was also indicted for driving with death resulting, and refusal to submit to a chemical test, a second offense within five years. Hazard had allegedly been drinking and taking prescription medication on April 7 before he drove from his house at 354 Burnt Hill Rd. and onto Route 12, a narrow road crossing the Gainer dam, in Scituate, shortly after 11 p.m. His large pickup crossed the lanes and crashed into an oncoming small convertible driven by Katherine O'Toole, of Foster, who was headed home from her job as a certified nursing assistant at a nursing home. The impact killed O'Toole and sent Hazard's truck sliding on its roof nearly 400 feet down the road, where it was struck by another car, the police said. The police allege that Hazard refused to submit to a chemical test for alcohol. It was the second time Hazard has faced this charge in a year. Hazard has a history of driving violations, including several in a year. He surrendered his driver's license voluntarily last month after the fatal crash. 
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