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Man who hit family in head-on collision out of the hospital, not behind bars

(IMAGE: wpmi) Man who hit family in head-on collision out of the hospital, not behind bars

A man who already killed one woman in a car crash seven years ago, then hit another family in a head-on collision last week is out of the hospital tonight but not in jail, even though investigators suspect 38-year-old Nick Driver was under the influence at the time of last week's crash.

The Mobile County District Attorney's Office says a toxicology report to show what was in his system is not back yet.

NBC 15's Andrea Ramey was at Driver's home Tuesday when police paid him a visit.

In an odd game of cat and mouse, as family members or friends of Nick Driver tried to shield our view of the house with various vehicles when police arrived Tuesday.

A Citronelle officer arrived with paperwork in hand, but did not leave with Nick Driver. Investigators say Driver crashed head-on into a family last Friday on Beverly Jefferies Highway forcing Amanda Loper to have an emergency c-section.

"He should not have been let out of the jail the first time," said Amanda's sister Sarah Loper.

Monday we told you how in 2011 Driver killed 76-year-old Peggy Smart in what prosecutors say was a drunk driving crash. For that crime, Judge Michael Youngpeter sentenced him to serve just one year of a 15 year sentence. Three years later Driver was arrested again in Citronelle for being behind the wheel drunk. Records show his blood alcohol level was more than double the legal limit.

But the same judge that sentenced him to serve one year for killing Peggy Smart, didn't make Driver go back to prison right there on the spot. Instead he allowed Driver to sign his own bond, then took three months to decide that Driver could continue to report to his probation officer.

Many of you are sounding off about Judge Youngpeter's handling of the case on social media and calling in to our Your Voice hotline.

"It's unbelievable this drunk driver should've been locked up, should've never had the possibility to hurt this mother or her child," said Mike from Mobile. "Instead of giving him what he deserved, he just gets a pat on the behind and ok go stand in the corner for 10 minutes. This is unreal. These judges need to be held accountable."

We reached out to Judge Youngpeter for comment but did not hear back.

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