Rochester, N.Y. - Mark Scerbo, 22, was only out of prison for a few weeks when he was charged in a fatal crash in Penfield last week.
Now Scerbo is charged with violating the conditions of his release from prison--where he served time for two felony DWI convictions.
One violation is for not having a DWI Interlock device, the other is related to the manslaughter charges he now faces for the accident that killed Fairport teacher, Heather Boyum.
According to the Monroe County Sheriff's Office, Scerbo was speeding and doing wheelies on his motorcycle when he hit Boyum last Sunday on Route 250 in Penfield.
Boyum, who was on a bicycle, was thrown to the ground by the hit and then run over by another driver, Megan Merkel.
Merkel is now charged with DWI, vehicular manslaughter and having inadequate brakes.
The State Department of Motor Vehicles says neither Merkel nor Scerbo have valid licenses. Both are in the Monroe County Jail.
Though Scerbo was required to have an Interlock device because of previous DWI convictions, the units aren't approved for motorcycles for safety reasons.
Local attorney Ed Fiandach specializes in DWI cases, but does not represent Mark Scerbo.
Fiandach says it's too dangerous to have an interlock on a motorcycle because you would have to remove your hands from the throttle, to blow into the device both to start the bike and to give a second reading, a few seconds into your ride.
"It's too dangerous to blow into it while driving...you could connect one, but you wouldn't want a motorcyclist using one on the road," Fiandiach said.
John Hollan has been riding a motorcycle for 38 years. He says interlocks are too dangerous to use while operating a bike. He also says, while you might be able to drive a car after one beer, a motorcycle isn't as easy.
"Anything that requires that much concentration and balance, you're really impaired quicker than you think."
