MassCops - Massachusetts Law Enforcement Network, A Mass Police Web Portal

Massachusetts Law Enforcement Network

Massachusetts Police News, Information and Discussions on MassCops



Pages: 1

Main Page

Massachusetts lawmakers seek compromise on drunken driving bill

(Click here to view the original thread on the MassCops Message Board)


Posted by: kwflatbed

Massachusetts lawmakers seek compromise on drunken driving bill

Lawmakers in Massachusetts are headed to the negotiating table to settle on new rules to get chronic drunken drivers off roads in the state.

The state Senate approved a drunken driving bill after reinserting provisions from the original bill that were dropped in the House-approved version.

Melanie’s Bill – named for a 13-year-old-girl who was killed by a repeat drunken driver two years ago – targets drivers who try to avoid conviction by refusing to take breath-alcohol and field sobriety tests when stopped by police.

Senators restored wording to use ignition interlock devices that require drivers to blow into a mouthpiece, which measures the amount of alcohol on a person’s breath. If the driver blows clean, the car will then start; if not, it won’t budge.

The bill would create a criminal penalty for anyone who tampers with the device.

According to the National Highway Traffic Safety Administration, about one-third of all arrests or convictions for DUI come from repeat offenders.

The Senate version would also allow judges to impound a vehicle after a fourth drunken driving offense.

In addition, prosecutors would also be able to submit certified records or prior drunken driving convictions in court, rather than having to prove prior offenses again – as they are now required to do under Massachusetts law.

The House version would first require the state’s Supreme Judicial Court to rule it was constitutional.

The measure now heads to a House-Senate conference committee that will work on hammering out a compromise version to send to Gov. Mitt Romney for his signature.



Posted by: Delta784

Quote:
Originally Posted by kwflatbed
In addition, prosecutors would also be able to submit certified records or prior drunken driving convictions in court, rather than having to prove prior offenses again – as they are now required to do under Massachusetts law.
That right there reveals their true motivations.

The ONLY possible reason a member of the Legislature would try to scuttle that provision is so they could continue to plead-down cases for the clients of their real job....defense attorney.



Posted by: MSP75

Quote:
Originally Posted by Delta784
That right there reveals their true motivations.

The ONLY possible reason a member of the Legislature would try to scuttle that provision is so they could continue to plead-down cases for the clients of their real job....defense attorney.

Not to mention, many of these esteemed legislatures are the ones being stopped as they swerve among the marked lanes.



Posted by: Delta784

Quote:
Originally Posted by MSP75
Not to mention, many of these esteemed legislatures are the ones being stopped as they swerve among the marked lanes.
Who then ask for a bench trial, where they are invariably found not-guilty, regardless of the mountain of evidence against them.



Posted by: Mr.90/24

I can't believe this State! Why would anyone want to have drunks on the road? These lawmakers are third and fourth offenders, maybe this is the problem. I am sick and tired of locking drunks up and getting slammed on the stand because the BT logs were off or my FST weren't fair.....come on people..lets get with the program.....you drink and drive you lose..right? Wrong!
Regardless of the outcome, I will continue to lock these people up!



Posted by: MSP75

When I am on the stand the only slogan I see is "You Drink, You Drive, Your Attorney Makes The Cop Look Like An Idiot"



Posted by: ferus fidelitas

who is surprised that it is the Democ rats that are undermining this oui bill. ALL who vote for a Democ rat are either a flaming liberal or a total fool.



Posted by: SOT

SO what happens if you get your friend to blow into the thing?

o

Quote:
Originally Posted by kwflatbed
Massachusetts lawmakers seek compromise on drunken driving bill

Lawmakers in Massachusetts are headed to the negotiating table to settle on new rules to get chronic drunken drivers off roads in the state.

The state Senate approved a drunken driving bill after reinserting provisions from the original bill that were dropped in the House-approved version.

Melanie’s Bill – named for a 13-year-old-girl who was killed by a repeat drunken driver two years ago – targets drivers who try to avoid conviction by refusing to take breath-alcohol and field sobriety tests when stopped by police.

Senators restored wording to use ignition interlock devices that require drivers to blow into a mouthpiece, which measures the amount of alcohol on a person’s breath. If the driver blows clean, the car will then start; if not, it won’t budge.

The bill would create a criminal penalty for anyone who tampers with the device.

According to the National Highway Traffic Safety Administration, about one-third of all arrests or convictions for DUI come from repeat offenders.

The Senate version would also allow judges to impound a vehicle after a fourth drunken driving offense.

In addition, prosecutors would also be able to submit certified records or prior drunken driving convictions in court, rather than having to prove prior offenses again – as they are now required to do under Massachusetts law.

The House version would first require the state’s Supreme Judicial Court to rule it was constitutional.

The measure now heads to a House-Senate conference committee that will work on hammering out a compromise version to send to Gov. Mitt Romney for his signature.




Posted by: Delta784

Quote:
Originally Posted by SOT_II
SO what happens if you get your friend to blow into the thing?
My understanding is that it's much like a home breath test for people on probation for alcohol-related crimes. The thing you blow into resembles a cross between and oxygen mask and a diver's mouthpiece that has a built-in audio receiver/transceiver. The person is asked to repeat some words several times while they have the mask tightly against their face, in order to establish a voice-print, which is then matched against what they have on-file. Assuming the voice matches, the machine (without warning) will suddenly ask for a blow, and there is no time whatsoever for someone to pass-off the mask to anyone else.



Posted by: LenS

Quote:
Originally Posted by Delta784
My understanding is that it's much like a home breath test for people on probation for alcohol-related crimes. The thing you blow into resembles a cross between and oxygen mask and a diver's mouthpiece that has a built-in audio receiver/transceiver. The person is asked to repeat some words several times while they have the mask tightly against their face, in order to establish a voice-print, which is then matched against what they have on-file. Assuming the voice matches, the machine (without warning) will suddenly ask for a blow, and there is no time whatsoever for someone to pass-off the mask to anyone else.
Would that mean that another family member or friend couldn't drive the car? [voice-print not on file]

I'm not sure how practical this is for implementation in the real world.

My prefered punishment for 1st offenders is community service in an ER where htey get to see 1st hand the carnage that drunk/drugged driving results in! If that doesn't scare them straight, nothing else ever will. Not to mention that the typical ER can always use the help (I'm talking about really making them work, for nothing).



Posted by: MSP75

They should be lucky they get to keep the car. I think the vehicle should be a mandatory donation to a charity.



Posted by: Delta784

Quote:
Originally Posted by LenS
Would that mean that another family member or friend couldn't drive the car? [voice-print not on file]
I'm not really sure, but anything is preferable to just giving them their licenses back, unrestricted.



Posted by: LenS

Quote:
Originally Posted by Delta784
I'm not really sure, but anything is preferable to just giving them their licenses back, unrestricted.
When I went thru the R/I Academy, our Ch. 90 instructor was a very sharp RMV Deputy Commr (I think that was his rank, long time ago). He told us that people regularly drive to the RMV to turn in their DL (suspension/revocation), then get back in their cars and drive home!

In recent years I've heard a number of ~300K people in MA driving with suspended/revoked/expired/uninsured!

Restricting family members won't really solve any problems. But I honestly don't know what will work other than perhaps "scaring them straight" by working in an ER as I noted above.



Posted by: RPD931

I think at the 3rd Offense the vehicle becomes a police seizure and its automatically surrendered.

Quote:
Senators restored wording to use ignition interlock devices that require drivers to blow into a mouthpiece, which measures the amount of alcohol on a person’s breath. If the driver blows clean, the car will then start; if not, it won’t budge.
Anybody see the movie 40 year old virgin? That was hilarious!! (for those whom have not seen it, there is a part in it with this blowing device.)




Posted by: LenS

Quote:
Originally Posted by MSP75
They should be lucky they get to keep the car. I think the vehicle should be a mandatory donation to a charity.
And maybe we can do a summary execution?

Unless you are going to incarcerate them forever and put them and their families on the public dole, I doubt this would be effective in stopping their lifestyle of the drunk and stupid!

If you can't scare them straight, I doubt that anything else will work other than a ball and very short chain. [Don't get me wrong, I have no sympathy for drunk drivers! I just don't have any bullet-proof answers either.]



Posted by: MSP75

Quote:
Originally Posted by LenS
And maybe we can do a summary execution?

Unless you are going to incarcerate them forever and put them and their families on the public dole, I doubt this would be effective in stopping their lifestyle of the drunk and stupid!

If you can't scare them straight, I doubt that anything else will work other than a ball and very short chain. [Don't get me wrong, I have no sympathy for drunk drivers! I just don't have any bullet-proof answers either.]
A summary execution of violators after a jury by their peers, of course. That would solve some problems and leave some elected posts available.



Posted by: LenS

Quote:
Originally Posted by MSP75
A summary execution of violators after a jury by their peers, of course. That would solve some problems and leave some elected posts available.
I think you were reading my mind!

And for that reason, the law would never allow for this . . . their peers protect their own!



Posted by: MSP75

It does blow my mind how little press this really gets considering the LE community, MADD, and concerned voters are really interested in tougher measures. It just shows how corrupt Beacon Hill is and how the public lets it be that way.



Posted by: Delta784

Quote:
Originally Posted by MSP75
It does blow my mind how little press this really gets considering the LE community, MADD, and concerned voters are really interested in tougher measures. It just shows how corrupt Beacon Hill is and how the public lets it be that way.
The Patriot Ledger has traditionally been no friend of ours, but I have to say they've done a fantastic job in highlighting the absurdity of Massachusetts OUI laws. They have an outstanding expose series, dating back 2+ years and still going, about Melanie's Law. Check it out;

http://www.southofboston.net/special...ng/index.shtml



Posted by: MSP75

Thanks, that is a great series. Now if only the Herald would put real news like that on the front page daily, instead of going after sensational headlines like the SP Academy. Something that already was being dealy with.



Posted by: popo

Bill to battle drunk drivers watered down

Anyone who expected "Melanie's Bill" to go a long way toward taking repeat drunken drivers off the streets is going to be disappointed: The trial lawyers lurking in the Legislature have gotten their teeth into the bill and will chew it to pieces.

It was bad enough when the House approved a watered-down version of the legislation before the Senate approved it virtually intact. Now, House Speaker Salvatore DiMasi — a lawyer/golfer who once specialized in defending drunken drivers — has weighed in with his opinion that the legislation is too tough and he wants it toned down. He has manipulated the conference committee that will produce a House-Senate compromise to achieve that end — replacing bill supporter Rep. Garrett Bradley, D-Hingham, with Rep. Michael Costello, D-Newburyport, who strongly opposes the bill. Also on the committee is Rep. Eugene O'Flaherty, the embarrassment of Chelsea, who went on a profane tirade on the House floor during debate on Melanie's Bill. Whether they can be offset by supporters such as Sen. Robert Creedon, D-Brockton and Sen. Steven Baddour, D-Methuen, remains to be seen. But don't bet on it. DiMasi didn't get to the top of the political heap by letting other people get their way. It is instructive to see that he is refusing to discuss the bill with the public and has refused to let the committee deliberate in public.

There is an epidemic of drunken drivers who won't get out of the cars until they kill someone — if then. Melanie's Bill was named after 13-year-old Melanie Powell, a Marshfield girl who was killed by a repeat drunken driver two years ago. The original legislation called for a mandatory three months in jail and a three-year license suspension for anyone convicted of drunken driving who is again caught driving under the influence. Other provisions would have made it difficult for repeat offenders to physically start their cars if they were drunk. The House took all of that out.

If the House version of the bill passes, they need to take Melanie Powell's name off of it. It would be an insult to her memory to pass legislation in her name that does virtually nothing to prevent a similar tragedy.



Posted by: sbf

sal demasi is a former defense atty and a current idiot



Posted by: sbf

another screw up by our def. attys ...oops i meant state reps



Posted by: MSP75

Communists wearing black robes on the bench, defense attorneys in the legislature, and ACLU donors running the universities. I wonder why there are so many gangs, drug dealers, sex offenders, and drunk drivers running rampant throughout the Commonwealth.





ma police, boston ma police, massachusetts police, massachusetts police, mass state police, mass police, ma, mass, massachusetts, massachusetts, massachutes, massachusetts law, massachusetts polece, police, officer, police officer, cops, police gear, law enforcement, police duty gear, state police, sheriff, law, police supply, police agency directory, police agency, police department, traffic officer, police dept, state trooper, dispatcher, massachusetts county sheriff, massachusetts sheriff, massachusetts department of corrections, ma doc, doc, dept of corrections, police information, civil service, ma civil service, massachusetts crime, police training, police academy, ma police academy, massachusetts officers, masscop, masscops, mpa, bpa, ibpoa, police association, massachusetts police news, massachusetts crime news, mass most wanted, police career information, police patrol, police administration, police books, crime scene training, police discussion, crime discussions, cops

About MassCops, the home for Massachusetts law enforcement.

The Massachusetts Law Enforcement Network opened in 1998 and is now a part of the New England Police Network The site is a pro-police discussion forum intended for sworn police officers and civilian law enforcement officials as well as those interested in pursuing a career in law enforcement here in Massachusetts.

The goal of The Massachusetts Law Enforcement Network is to provide an informal network of law enforcement officials here in Massachusetts for educational and informational purposes.

The forum covers many topics such as Police Related News Articles, Agency & Profession Discussions, Police Training as well as Law Enforcement Career Information.

The Massachusetts Law Enforcement Network and The New England Police Network (NEPN) and it's network sites are privately owned websites/domains and are not affiliated with or endorsed by any government association or agency.

MassCops (masscops.com) and (masscop.com) are privately owned are not affiliated with or endorsed by the Massachusetts Coalition of Police (masscop.org)



vBulletin Copyright ©2000 - 2008, Jelsoft Enterprises Limited.
vB Easy Archive Final ©2000 - 2008 - Created by Stefan "Xenon" Kaeser

3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 49 50 53 54 55 56 57 58 59 60 61 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 98 99 100 101 102 103 104 105 106 107 108