Alcohol On Golf Courses - Woman Charged with DUI

KETV Omaha

OMAHA, Neb. -- A golf cart crash that killed an Omaha woman one month ago has illuminated the nuances of enforcing DUI and motor vehicle laws. Debi Deines was killed in the crash. Her friend Kim Mcillece was driving the cart at night on Tiburon golf course when it hit a culvert and tipped, investigators said.

Kim Mcillece

Mcillece's blood-alcohol level was measured at more than twice the legal limit. She has been charged with DUI and motor vehicle homicide.

Mcillece has a bond hearing scheduled for Thursday.City Prosecutor Marty Conboy said a golf cart, as a motorized vehicle, stands within the definition of the law."Any vehicle that is capable of moving you around can hurt you if you drive recklessly, and there's no question that adding alcohol to that makes the danger great," Conboy said.Conboy said drivers who are drunk behind the wheel -- of anything -- run the risk of being caught.

The so-called gray area is enforcement."So far there's really not been any perceivable threat to the public that would make law enforcement on the golf course necessary," Conboy said.

The crash that killed Deines happened on a private course and on private property. But the area was still accessible to the public. Anyone who drinks and drives on a golf course can get slapped with a DUI.But does that make golf courses, which regularly sell to their golf-cart commuting customers, law violators?

Golfers were careful to tread around the question."I mean, do I have beers on a golf course? Sure I do, but again, moderation," said golfer Jim Podwinski. Golfer Ethan Jenkins said the law is legit."If somebody's drinking while driving a golf cart, it's almost like drinking and driving for a car," Jenkins said.

UPDATE:

The operator of a golf cart whose friend died of injuries suffered in a crash at Tiburon Golf Course last month turned herself in to authorities Wednesday morning. Fifty-three-year-old Kimberly McIllece entered the Sarpy County Courthouse accompanied by her lawyer.

A judge set her bond at $100,000. McIllece paid the 10 percent and was released. Her preliminary hearing is scheduled for July 13th.

McIllece was charged Tuesday afternoon with motor vehicle homicide and driving under the influence. She was allegedly driving a golf cart she owned early on the morning of May 10th near 168th and Cornhusker when it slipped down a culvert and slammed into a pipe.

Her passenger, 60-year-old Debbie Deines, went through the cart's windshield before it landed on top of her. She was taken by helicopter to the hospital where she died.

"An accident is an unplanned occurrence, certainly we don't believe it was planned or intentional, but it was negligent and there should be accountability," said Sarpy County Attorney Lee Polikov.

While tragic, Polikov says the golf cart rollover was avoidable. His office issued a news release addressing some of the issues surrounding the case. He says even though the death occurred on private property, state statue allows this prosecution.

According to medical records, McIllece's blood-alcohol level was .198, nearly twice the legal limit. If convicted, she faces 1-20 years in prison, 1-50 if Polikov gets a previous DUI conviction admitted into court.

Polikov said McIllece will be required to wear an alcohol monitoring device and she'll be under the supervision of pretrial release.