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Mainer gets 7 years after his 10th OUI

Bangor Daily News | BDN
Bangor Daily News | BDN
Stephen Faulcon listen as his son breaks down at the Penobscot Judicial Center in Bangor while reading a letter to the court asking for leniency on behalf of his father during Faulcon's sentencing for his 10th OUI and his 11th driving after revocation charge on Wednesday, Jan. 6, 2009. (Bangor Daily News/Kevin Bennett)
By Judy Harrison, BDN Staff

BANGOR, Maine — A Hermon man was sentenced to a total of seven years in prison for driving drunk for the 10th time, operating after the revocation of his driver’s license for the 11th time and for violating his probation.

In addition, Stephen F. Faulcon, 51, will lose his driver’s license for six years.

Faulcon told Superior Court Justice William Anderson that he needed long-term in-patient treatment for alcoholism and counseling, not more time in prison. He asked to be released to Derek House, a faith-based, in-patient treatment center associated with Manna Inc. in Bangor after he serves his prison term. He also asked that his probation be continued.

“I hate myself so much for what I’ve done to my family,” a weeping Faulcon told Anderson. “I have spent half of my adult life in prison. Your honor, I don’t want to die in prison. If I wasn’t an alcoholic, I wouldn’t be standing here today. I want to be healthy.”

Michael Roberts, deputy district attorney for Penobscot County, asked Anderson to sentence Faulcon to a total of 9½ years — five under Tina’s Law and 4½ years on the probation revocation. Faulcon was on probation for drunken driving arrests in 2003. He was sentenced in early 2005 to 10 years in prison with all but 5½ years suspended. He had been out of prison for less than a year when he drank and drove again, according to court documents.

“Mr. Faulcon has rolled the dice 10 times by driving drunk,” Roberts told the judge. “The court has rolled the dice several times and given him another chance. I don’t want to be back here in five or six years prosecuting Mr. Faulcon for [vehicular] manslaughter.”

Defense attorney Marvin Glazier of Bangor urged the judge to continue his client’s probation so Faulcon could receive the treatment he obviously needed.

The judge said that his sentencing options were limited because of the mandatory five-year minimum sentence he was required to impose under Tina’s Law for the operation after revocation conviction. Tina’s Law, passed by the Legislature in 2006, is named for Tina Turcotte, who died in an accident caused by a Houlton truck driver who had 63 prior driving convictions and had been involved in a previous fatal accident.

Maine law, Anderson said, required that the sentence for operating under the influence of intoxicants be concurrent with the revocation sentence because the charges stemmed from the same arrest in April. In addition, the law required that the sentence for the probation violation be consecutive to the other two sentences.

Faulcon, pronounced fall-cun, was sentenced Wednesday to the five years required under Tina’s Law and to the 30-day mandatory minimum for drunken driving, with the sentences to be served concurrently. He also was sentenced to an additional two years in prison on the probation violation and his probation was terminated.

“This crime was horrible,” Anderson said in imposing the sentence. “It was horrible not because you were drinking, but because you were drinking and driving. The public needs to be protected from people who drink and drive.

“A lot of people come before me on their fourth or fifth OUI and most don’t contribute to society,” he continued. “But when you are not in prison, you are productive. You run your own construction business. You pay your taxes. You’re a responsible person except for this one aspect of your life.”

Anderson also ordered Faulcon to pay mandatory minimum fines of $3,000 for driving after a license revocation and $1,100 for the drunken driving charge.

Although it was Faulcon’s 10th drunken driving conviction since 1977, it was his third in the last 10 years, which meant he faced up to five years in prison on that charge. He faced an additional 4½ years in prison for the probation violation.

The prosecutor told the judge that Faulcon had participated in programs while he was incarcerated and had completed a six-month program at a Bangor in-patient treatment center.

Roberts said after the sentencing that he was disappointed in the outcome, but pleased Faulcon would be off the road for a long time.

Faulcon has been held without bail in the Penobscot County Jail since his arrest in April. That time will be applied to his sentence.



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