HOUSTON – A repeat DWI offender has been given probation again for driving around Houston’s streets while under the influence of alcohol, according to court documents.
In a previous offense, Donna Kurtz caused a pregnant woman to lose her child, and, in her latest offense, a good Samaritan had to follow her home after seeing her driving irresponsibly on public roadways, according to court documents.
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On Wednesday, a Harris County judge gave Kurtz another chance of avoiding any time behind bars for her crimes.
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A documented “Memorandum in Mitigation of Punishment” written by Kurtz’s legal team outlined their client’s current and past offenses, while seeking leniency from the courts.
In the document, Kurtz’s attorneys describe her as a “62-year-old wife and mother who has struggled with mental health issues and alcohol abuse for much of her adult life.”
They further claim that her struggles, combined with bad decisions, were the reasons for her criminal acts.
Kurtz’s attorneys said she realized that she made a “horrific error when she decided to drink and drive.”
The seven-page document outlines Kurtz’s background, touting Kurtz’s college degree and family business, and stated that other issues, like family death and the pandemic, lead to her suffering from anxiety and depression, which lead to her drinking.
The document presented by Kurtz’s attorney also describe the allegations against her.
The document states that, on April 24, 2021, officers received a call from a witness about a suspected drunk driver. The witness followed Kurtz to her house and waited for police. When police arrived, Kurtz’s car was in her driveway. She was unable to perform the field sobriety test and officers obtained a search warrant for her blood to be drawn.
A lab report indicates that Kurtz’s Blood Alcohol Content (BAC) at the time of the blood draw was 0.20 with a margin of error of 0.03, which means that a BAC of 0.17 cannot be ruled out.
Lawyers claimed that Kurtz “did not handle the stress associated with her life around the time of the COVID pandemic well,” in addition to other personal issues.
It was not her first charge, as documents show she was convicted years prior of intoxication manslaughter. In that case, which happened in 2008, she crashed into a pregnant woman, killing her unborn child.
The document states that Kurtz had been drinking and was operating her husband’s truck, which she did not frequently drive. As Kurtz was driving home in the rain, she lost control of the truck and collided with another vehicle that was driven by the pregnant woman.
The mother went into labor early and the baby died. The document states Kurtz accepted full responsibility for her actions and pleaded guilty. The case was not finalized until 2011, at which time a judge sentenced her to five years of probation. Kurtz was successfully discharged from that probation in 2016 after completing all of her requirements.
The document states that Kurtz received treatment, attended classes and support groups for alcohol addiction and was “on the right track toward lifelong sobriety” when the last incident occurred.
Kurtz’s team asked the judge to consider that, “while she knows she must face the consequences for her actions, a prison sentence would do more harm in this case than good. No one benefits from being in prison, all of the progress that Donna has made would be in jeopardy.”
The judge decided that no jail time would be served for Kurtz’s latest conviction.
A criminal history background search of Kurtz revealed two more charges for resisting arrest and failure to stop and give information, both occurring in Dec. 2006.