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Repeat Drunk Driver Gets License Back On Technicality

MIDDLETON (CBS) - A man arrested for drunk driving three times is getting his license back on a technicality.

The last time he was arrested, police say he was driving a snow plow, drunk, with his son in the car when he crashed into a Middleton woman's home.

She says she's been threatened so she doesn't want us to show her face. But she does want to talk about how shocked she is that Sean Cusack is back behind the wheel.

WBZ-TV's Lauren Leamanczyk reports

"I find it so disgusting. I know he's hit other things," she says. "He had his child in the car."

Cusack had his five-year-old son in the car. He refused to take a breathalyzer test and admitted to drinking. But charges of child endangerment and drunk driving didn't stick. It was a technicality. A judge decided Cusack was not on a public street.

Cusack was busted twice before for drunk driving. Most recently, in 2007, he was found passed out at an elementary school after being involved in a hit and run crash.

Last week, Cusack's lawyer argued that since he was found not guilty, he should get his license back. That same judge agreed, saying the legislature gave him no choice.

This victim can't believe it.

"He got off, I couldn't believe it," she says. "Peabody court, I have no faith in them now."

The only thing damaged this time was her house. Next time, she worries, someone will get hurt.

Prosecutors say they vigorously argued against re-instating Cusack's license.

WBZ contacted Cusack's lawyer. He said 'no comment' and hung up. The judge also did not return our call.

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