BOSTON -- Team 5 Investigates has uncovered a major loophole in Massachusetts law that is allowing some reckless drivers to walk away from deadly crashes.

NewsCenter 5's Sean Kelly reported on Monday that the effort to close that loophole has been blocked by lawmakers on Beacon Hill for years.

Denise Martinelli of North Brookfield, Mass., chokes back tears every time she visits her son Robert's grave.

It was September 8, 2002 when a speeding truck driving on the wrong side of Airport Road in Worcester, Mass. crashed head-on into her 19-year-old son's car.

Martinelli, a sophomore at Worcester State College, died instantly. "This police man said to me, there's been an accident, your son is dead, he did nothing wrong" Martinelli recalled.

All of the blame steered toward Eric Holm, 22, of Rutland, Mass. His driving record obtained by Team 5 Investigates showed he had six prior speeding tickets before the fatal crash.

Martinelli thought Holm would be locked up in jail immediately and was shocked to learn that Holm was allowed to go home. "Can you imagine?" said Martinelli.

Months later, Holm was summonsed to court by mail where he was charged with one count of motor vehicle homicide, operating to endanger, failure to stay within marked lanes, passing in a prohibited area and speeding.

Holm eventually pleaded guilty to motor vehicle homicide and was sentenced to six months in jail. "I was so mad," said Martinelli.

Worcester County District Attorney Joe Early told Team 5 that he believes reckless drivers should not be allowed to walk away from an accident scene when someone is killed. "What you've got to do is have an immediate opportunity to put this person behind bars, get him off the street and keep the community and public safe," said Early.

But in Massachusetts, police's hands are tied. Holm couldn't be arrested at the scene without a warrant. Team 5 has learned police can't arrest any reckless driver without a warrant when drugs or alcohol or not involved.

"There seems to be an enormous amount of injustice and a loophole in the statutes," said state Sen. Stephen Brewer, D-Barre.

Brewer has been trying for seven years to close that loophole, unsuccessfully. The Robert Martinelli Act, sponsored by Brewer, would also allow police to arrest without a warrant anyone who they have probable cause to think has recklessly driven a vehicle to endanger lives.

Critics say too many defense attorneys in the Legislature have prevented the legislation from passing. However, state Representative Eugene O'Flaherty, the Judiciary Committee's Co-Chair, who is also a defense attorney, rejects that criticism.

"Why hasn't a bill like that passed?" asked Kelly. "Well, there are many, many bills that are under the judiciary committee," answered O'Flaherty.

It was only after Team 5 Investigates pressed O'Flaherty for an answer that he told us he'd take action. "In those instances where a vehicle homicide has occurred, I think that's very practical."

Even when these drivers get to court, Team 5's analysis of the most recent sentencing data available showed that 30-percent of those convicted went to prison. The average sentence was six months, even though judges could sentence them to a maximum of 2 ½ years behind bars.

"That is an outrage," said Brewer.

Meanwhile, on average, car thieves got more time than that, an average of nine months behind bars. Even a Southbridge man who killed a cat received a sentence of 2 1/2 years.

"It has to change, it just has to. There's such an imbalance in penalties. The courts let us down, and I think they've let a lot of other people down," said Martinelli.

The emotional pain of a victim's family is often ignored by the justice system. Brewer's bill is in the process of being reworked right now and he's optimistic this year will be the year that the legislature finally takes action to close this loophole.