ENHANCEMENT OF THE PENALTY FOR NON-ALCOHOL-RELATED CHARGEABLE CRASHES CAUSING DEATH

HF 2888 Rep. Karla Bigham, HF 2936 Rep. Terry Morrow and SF 639 Sen Jim Carlson, SF 2391 Sen. Steve Murphy

There is a noticeable "gap" in current legislation involving non-alcohol related traffic crashes. At this time the penalty for unsafe driving behavior is either a careless or reckless driving charge, both misdemeanors. If that unsafe driving behavior results in a crash or worse a death or serious injury, the offender is usually still charged with the same misdemeanor penalty. On rare occasions non-alcohol related crashes are charged Criminal Vehicular Homicide when there is exceedingly gross negligence.
Minnesotans For Safe Driving strongly believes in the need to have a gross misdemeanor charge for unsafe driving behavior that results in a death beyond simple negligence and less than felony gross negligence.  A chargeable traffic crash is NOT an accident. We don’t accidentally speed, go through traffic lights, text, or talk on the cell phone. Driving is serious business; lives are at stake it is not a time to multitask. The penalties must show the seriousness of the actions taken while driving.

DWI Administrative License Sanctions Proposal

HF  3106  Rep. Karla Bigham and  SF 2741 Sen. Steve Murphy

This proposal safeguards public safety by strengthening DWI sanctions and more effectively using technology. It also provides a means for DWI offenders to drive with a valid full license after a shorter revocation time, especially for those repeat offenders. This is done with using ignition interlock, a process where the driver must blow into a device that doesn’t allow the car to start if the driver is over a .02 BAC.   It also restructures the reinstatement requirements for chronic DWI offenders changing many of the requirements allowing these people to be reinstated with a license so long as the ignition interlock is installed on their vehicle for an extended amount of time. This bill also changes the enhancement level for first time offenders from .20 alcohol concentration level to .15. This number was selected because it is twice the per se level (.08) and the average DWI offender and the average level of a person involved in a crash is .15./

We all want legally licensed drivers with insurance on our roads. The laws in effect now made it very difficult for repeat offenders to get their licenses back and unfortunately that did not stop them from driving. This new legislation hopefully will get those people driving legally and protect the driving public because they should not be able to drink and drive with the interlock attached to their vehicle.

Special Plates Remembering Victims of Impaired Drivers

HF 574    Rep. Thissen  and  SF 371 Sen. Michel            
This proposed legislation would allow the DPS to issue special vehicle license plates “Remembering Victims of Impaired Drivers” which displays an image of a broken heart. There would be a charge for this plate and the owner’s vehicle can use them instead of the regular plates. This would be similar to the veteran’s plate.

DWI Technical Bills

Expand plate impoundment law to apply to first time DWI offenders who refuse to submit to an alcohol test at time of arrest.  HF            Rep. Rosenthal

Lower the level of the alcohol concentration test results for enhancement to a gross misdemeanor from  .20 to .16   HF 2979  Rep. Rosenthal

Clarify language so that a felony DWI obtained in another state is considered a felony in Minnesota for enhancement of a first degree driving while impaired.  HF. 2978  Rep. Rosenthal

Admission of police vehicle videos with audio without a transcript of the audio required 

 SF 333,  Sen. Foley,  HF 212 Rep. Simon

Expand definition of who can draw blood for an alcohol concentration test. It should include hospital employees who do so per their jobs but are not currently authorized to do so by statue.

HF 2881 Rep. Kath    SF 2817 Sen. Dahle

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Minnesotans For Safe Driving is Against the following bills

Expungement of Driver License Records and other criminal convictions
SF 1231  Sen. Latz   HF 1858  Rep. Lesch

Driver License laws are already based on time limits. An insurance company can only go back a maximum of 5 years to punish for bad behavior and enhancing penalties for drunk driving has a time limit. The offender now has the ability to clean up his/her act and not have this follow them the rest of their life. It is important for law enforcement to have a complete background of all drivers. This bill would also allow easier expungement of all criminal convictions and charges.

Eliminate Administrative License Revocation (ALR)

HF 1305 Rep. Emmer and Sen. Murphy

Minnesota has had ALR since the middle 1970’s and now all states have this process. It is very important to take a license away from a person who chose to drink and drive and soon as possible. Waiting until a first appearance in court can be anywhere from one month to much longer. It is important to remember that a driver’s license is not a right but a privilege. When a person signs for a driver’s license they are making a contract with the state to follow certain traffic laws and rules one of which is to take a test for alcohol concentration, and not to drive impaired.  If a driver violates these rules it should be an administrative penalty. The criminal case is a separate track and is involving different issues.

 

For more information on these issues or to get involved call 952-238-0970