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Drunken driving center of heated debate
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June 8, 2003
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BATON ROUGE (AP) — When the Legislature passed a law
forcing many third- and fourth-offense drunken drivers out of jail and
into treatment two years ago, it was hailed by some as a breakthrough.
“I believe this is a great attempt at alternative sentencing,” Rep. Danny Martiny, R-Kenner, said in April 2001 when the bill passed the House. “I’m glad to see Louisiana recognize that what we have been doing is not working,” Jim Champagne, the executive director of the Louisiana Highway Safety Commission, said after the bill became law. Two years later, Champagne has changed his mind. Martiny has not, despite political brickbats from district attorneys and editorialists. Martiny is chairman of the committee, which so far has held two hearings on whether to alter the 2001 law. The latest meeting was Thursday and many of the simmering conflicts among alcohol industry lobbyists, anti-drunken driving activists and lawmakers occasionally boiled over. Rep. Ken Odinet, D-Arabi, the author of the 2001 law, was livid over the attempt to toughen it by Sen. Joel Chaisson, D-Destrehan, who wants to give judges more freedom to assign jail time. Odinet showed open contempt for the Governor’s DWI Task Force and complained that he was not consulted by the group when it endorsed Chaisson’s bill. Chris Young, lobbyist for the Louisiana Association of Beverage Alcohol Licensees, is a member of the task force but was in no mood to defend it. Young said the group is nothing more than a rubber stamp for “anti-alcohol folks” who are merciless in their quest for punishment. Odinet’s 2001 law keeps tough sentences for multiple offenders: one year to five years in prison for third-offenders; 10 years to 30 years for fourth-offenders. But it also forces judges to suspend all but 30 days of the third-offender’s sentence and all but 60 days of the fourth-offender’s sentence. Instead of prison, the driver would have to be sentenced to treatment and home incarceration. Odinet and other defenders of the 2001 law say it has not been given a chance to work. They pointed out that anyone who breaks from the required treatment could still get years of prison time. Still, Chaisson and Sen. Reggie Dupre, D-Houma, said judges need and want the option of toughening the sentence up front. “Some DAs are actually considering dropping third-offense DWI to second offense so they can give more time,” argued Dupre. Despite support, Chaisson’s bill may be dead. The Criminal Justice Committee killed similar legislation by Rep. Mike Futrell, R-Baton Rouge, early in the session. On Thursday, they voted 5-4 against sending Chaisson’s bill to the full House. |
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©The Lafayette Daily Advertiser
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June 8, 2003
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