Should we humiliate drunken drivers on second offenses?

[Alan K]

Massachusetts Senators advocate branding persons for OUI offenses:

Sen. JoAnn Sprague (R-Wallpole) has sponsored a which would require anyone convicted of Operating Under the Influence (OUI) twice in ten years to purchase special plates reading “Twice Convicted of Operating Under the Influence” and to use them for three years.

I can hear all you consitutionalists who have not heard this before groaning loudly.

The statute would also increase the minimum sentence for a second driving conviction from a 60 days to one year in jail.

Apparently she has not read the current law which provides for a minimum of 60 days, nor more than two-and one half years. JoAnn, why have you not read Massachusetts General Laws Chapter 90 Section (1) (a) (1)? What, you don’t think the judge should have any discretion, having read or observed all facts in the case, to sentence between 60 days and two-and one-half years? Are you saying two and one-half years is too long and you want to increase it to one year?

The same section requires a fine of not less than $600.00,nor more than $10,000.00, plus a $125.00 surcharge and rehabilitation programs too long to go into here.

Sen. Sprague is quoted as saying, “If they don’t want a license plate, they should not drive under the influence of alcohol”.

What license plate, JoAnn?

Oh, I see, the extra revenue collected will go to the purchase of these designer plates.

Have you not heard that within 15 days of that offense, the LEO who took the driver’s license away and gave a limited the defendant a temporary substitute, will report this on a form and the court will notify the Registry of Motor Vehicles, which in turn will revoke his/her license pending disposition of the case, and his/her registration will be revoked.

Or are you trying to create a source of revenue and allow the defendant to drive with a Vanity OUI plate?

It will be many moons before the convicted has an opportunity to drive in any vehicle under the present law.

I can already see a dozen loop holes that would be good for OUI convicted persons in your bill, but your agenda seems to be to act on an idea which you feel is good, without thinking of the consequences, or the fact that the present Chapter 90, Section 24 has about 14 pages, is very current and has a plethora of standards for dealing in all these offenses, and can be much tougher than what you propose without subverting the constitution, or resorting to the branding iron.

I could go on, but I leave that to Panther and the tough issue group.

This action has been widely related in the media to our Salem, Massachusetts famous, author, Nathaniel Hawthorne, who wrote the “The Scarlet Letter”, in which the character known as Hester Prynne was forced by the Puritans to have a scarlet letter “A” sewn on her dress for having a child out of wedlock.

The Salem of 1692 is calling for you JoAnn and if you can’t do anything there, Plymouth Plantation needs good reinactors.

But then again you won’t have to go alone. Sen. Bruce E. Tarr (D-Gloucester) can join you; he is your co-sponsor who reported to the media that he is frustrated by the state’s focus on punishing drunken drivers after the fact. (two senators who haven’t read the statute?).
He is quoted as saying, “These are individuals that have a propensity to be a hazard on the highway”. “The question is whether the legislature is ready to step into another realm and prevent injuries before they occur” What other realm, The Twilight Zone?

Sen. Tarr’s provision of the proposed legislation would require twice-convicted drunken drivers to post a bumper sticker asking fellow motorists to report erratic behavior to a toll-free number.

Now I know this all sounds like sour grapes in castigating two people who serve the public in a job which is not appreciated by most and they wear their own brand as “Politician”, and they mean well in a sensitive area to deal with.

However the consequences of such action must be considered.

Maybe the next bill will be against Johns who solicit prostitutes.

Maybe they or someone else will favor a bill in which twice-convicted Johns will be issued a license plate, embossed with a phallic symbol!

Alan K

[Panther]

Thanks Alan...

Not only have they not read the current statutes, their proposal is nothing more than yet another feel-good, useless, revenue-generating, unConstitutional measure!

And I really hate the fact that they can't grasp the simple concept of why we have a prohibition on prior restraint!

Next will be a license plate that says you're a (gasp) martial artist! Obviously to include a special fee and registration. (You know those people actually train to go out and kill other people! fercryinoutloud, they must have some pent-up inner desire to use all those deadly things they're learning... quite scary. Don't cha think we should warn others so that when one of these "deadly weapons" goes nutzo into a "road rage" incident, the drivers of other cars will know what they're dealing with! I mean, if it saves just one life... )



[This message has been edited by Panther (edited May 25, 2001).]

[Norm Abrahamson]

I had the "pleasure" of hearing Senator Sprague on the radio yesterday defending her proposed legislation. Her tired refrain was, "Who's looking out for the victims of these people?" What I would like to know is how the victims of prior offenses (if there are any) will benefit by a special license plate for a repeat offender after the offense? I don't believe that Senator Sprague actually thinks this legislation will be passed. This is her successful attempt at a lot of free press painting her as tough on crime and a champion of the people. Long after the bill fails, people in her district will have faint recollections that Senator Sprague is the one who wanted to make life tough on drunk drivers.

Just my cynical view.

Norm Abrahamson

[Yosselle]

I don't believe in special license plates, but I do believe in public humiliation. Bare bottomed public caning might be just the ticket.

Yosselle
"Few men desire liberty; most men wish only for a just master."
--Gaius Sallustius Crispus (Sallust)



[This message has been edited by Yosselle (edited May 25, 2001).]