The rage of DWI-related pressure groups is being vented through a proposed Missouri law sponsored by Joplin area state Rep. Brian Stevenson. Stevenson really takes off the gloves with this legislation–HB 1695–and removes any pretense that the “punishment should fit the crime.” HB 1695 creates new crimes such as: first offense driving over a .15% blood alcohol level or refusing to take a breath test.
Instead of offering treatment options that are given to drug offenders, the new law piles on more restrictions to keep offenders from driving at all.
Even if the offender never drinks and drives again, the license revocations are so lengthy, many drivers must choose between obeying the law and losing their jobs. Eventually they end up in jail or prison–not because they hurt or even endangered others–but because they disobeyed their government to make a living.
It’s not all bad. Some provisions of the law make it more likely that convictions are reported fairly and reliably throughout the state. One is that it forces all municipal judges to take remedial training in Missouri’s DWI laws.
One very sad provision of the new law eliminates what many consider a reasonable and merciful provision of our current law. It’s the one that permits a person who gets a first and ONLY DWI conviction to have their record expunged by the court if they go ten full years without any new alcohol-related contact or conviction.
This is a provision that ought to be extended to many misdemeanor crimes: make one small mistake and if you behave for ten years, we’ll forgive and forget. Instead, we are going the other way.
Perhaps our legislature will see this bill as overreaching and fundamentally unfair. We all know friends or family members who have had an alcohol offense. We know most of them are not repeat offenders and are good neighbors–not the sort that make good political cannon fodder.
If politicians want to grandstand, there are easier targets. For example, sex offenders. The public seems not to mind what we do to them, even after they have paid for their crimes. Certainly there are many more stupid demands they might make of sex offenders, things even more ridiculous than having to hide inside their homes on Halloween.
See New law makes sex offenders hunker down for Halloween
Related Articles
1 user responded in this post
Let’s get serious people. Drug rehab does not work the largest percent of the time. Look at Lohan, Sheen and many others. I for one would think it a slap in the face if a drunk-driver struck and killed my children and find out he/she went to drug rehab for a prior offense. Drunk driving (even drugged driving) is a plague that needs to have stiffer penalties. I am a police officer and have pulled bodies out of vehicles because a drugged driver struck the vehicle they were in. It’s not a fun thing to do.
About getting it expunged if you have been good for 10 years. Let’s say John Doe got a DWI in 1998 and it was expunged after 10 years. In 2009 John Doe drives drunk/impaired and kills a family of 4….should he have gotten the opportunity to get his first one expunged? I hope you would say “NO”!
DWI Defense is a money maker for defense attorneys. Why? Drugged/Drunk driving is one of the most committed crimes in the U.S. Open a phone book and look at all the Attorney’s ads. I bet you would see numerous ads for DWI Defense. This should show us how often DWI’s occur and that’s not counting the ones that did not get caught.
This is reality! DWI crashes are reality and if you have never been affected by a DWI crash then count yourself lucky.
FTO256
Leave A Reply
Please Note: Comment moderation maybe active so there is no need to resubmit your comments