Well, Oregon can't seem to even come close to solving any of its budget, environmental, health, public safety, social, tax and education problems, so Oregon might as well enact new, draconian DUII laws. The following are the new laws that take effect Jan 1, 2004.
Posted by John at December 24, 2003 04:40 PMNew DUII laws take effect Jan. 1
A number of new laws go into effect Jan. 1 dealing with the crime of driving under the influence of intoxicants. The intent behind the new laws is to make the roads safer for the driving public.
"These new laws will help reduce traffic fatalities and injuries," said Gretchen McKenzie, coordinator of the Oregon Department of Transportation’s Impaired Driver Program. "They give law enforcement, the courts, and drug and alcohol treatment professionals new tools to get impaired drivers off the road and into treatment."
New laws include the following:
Senate Bill 342 allows school district boards to request ODOT to suspend driving privileges for a student who has been suspended or expelled at least twice for using, delivering or being under the influence of controlled substances on school property or at a school event. This aligns with a similar law regarding alcohol. The goal is to act as a deterrent for habitual drug abuse by minors and to get them into evaluation or treatment early on, before they develop a lifelong addiction and cause themselves serious physical damage.
Senate Bill 348 allows a fine of up to $10,000 if a person is convicted of DUII and has a passenger under 18 years old who is at least three years younger than the driver. The goal is to protect child passengers from death or injury caused by family members or others who are under the influence of intoxicants.
Senate Bill 421 elevates criminally negligent homicide and manslaughter in the second degree if caused by a driver under the influence of intoxicants. With the elevation of criminally negligent homicide to a Class B felony, the state will be able to continue requiring three years of post-prison supervision after a defendant is released from incarceration.
House Bill 2263 prohibits the issuance of a hardship driving permit to a person whose driving privileges are suspended for failure to appear, failure to pay a fine or failure to obey the order of the court.
House Bill 2885 requires a lifetime revocation of driving privileges for the third conviction of a misdemeanor DUII. The bill affords stricter and earlier consequences for repeat offenders. It allows the courts to protect the public by taking repeat offenders off the road sooner.
House Bill 2900 subjects a person who refuses to take a breath test to a fine of between $500 and $1,000 in addition to any other consequence prescribed by law. It gives law enforcement, the courts and treatment professionals another tool in collecting evidence for determining levels of intoxication.
Senate Bill 302 requires a person charged with DUII to plead "guilty" or "no contest" as part of his or her petition to enter a diversion program. Diversion programs, offered as an alternative to a DUII conviction, give offenders information and methods to avoid reoffending. The "guilty" or "no contest" plea requires the offender to admit responsibility, and therefore makes the consequences for dropping out of diversion more severe. Under the old law, a person could fail or drop out of diversion and then deny his or her guilt. The new law will streamline the legal process and reduce demands on the courts and law enforcement.
NOTE: I've got better things to do than erase the childish, immature, psychotic, obscene comments from looney Roger Weidner and his gang of illiterate morons, so just put your opinions at the Johnhays.net Forum.
Draconian implies overly severe.
To wit, Of, pertaining to, or characteristic of Draco, archon at Athens in 621 b.c., or the severe code of laws said to have been established by him; rigorous, harsh, severe, cruel.
I'd say not severe enough.
Posted by: degustibus at January 16, 2004 10:47 AM | Link