E-mail from Indiana State Senator Tom Wyss sent on January 26, 2010:
10-0 decision gives habitual traffic offender bill momentum
A law further monitoring former habitual traffic offenders is a step closer after a Senate committee today voted unanimously in favor of legislation crafted by State Sen. Tom Wyss.
Members of the Senate Committee on Corrections, Criminal and Civil Matters voted 10-0 in support of Wyss’ legislation aiming to strengthen Indiana’s Habitual Traffic Offender Law.
Wyss said Senate Bill 221 puts in writing a judge’s authority to enforce a zero tolerance policy where habitual offenders are concerned.
“In late November, an innocent woman’s life was taken because a former habitual traffic offender regained the ability to drive, didn’t learn from his past mistakes and again drove drunk,” Wyss said. “I feel we must use the resources available to us to more closely monitor these offenders to help protect all motorists. Driving is a privilege not a right. Today’s vote by the committee gives the legislation momentum.”
Wyss said the bill as amended today would require judges to monitor individuals who have commited at least two prior offenses – such as drunken driving or driving while under the influence of a controlled substance – one being within the past five years.
Under the amended bill, judges would be required to use one or more monitoring methods of former offenders during a three-year probationary period:
- An ignition interlock device that requires a vehicle operator to blow into a handheld alcohol sensor unit that is attached to the dashboard. The car cannot be started if a blood alcohol content is above a preset level;
- A chemical drug or alcohol test the violator must submit to any time a law enforcement officer stops them;
- A personal monitoring device the offender must wear to detect and record their drug or alcohol content during the hours they are permitted to drive. Wyss’ bill also gives judges the authority to specify and limit hours offenders are allowed to drive; or
- Other reasonable monitoring methods determined by the court.
Wyss said inspiration for the bill came after a drunken driver – with a history of similar offenses – ran a stop sign and crashed into an SUV killing an Ohio woman and injuring her 14-year-old daughter. His blood alcohol content at the time was nearly five times the legal limit, according to police. The incident happened in late November 2009 near State Road 101 and Dawkins Road.In 1989, the offender was involved in a hit-and-run crash while intoxicated. In 2001, he was pulled over for drunken driving. Records showed his blood alcohol content was .43 percent.
Indiana law defines a habitual traffic offender as a person who has – within a 10-year period – either committed two major offenses which resulted in injury or death or committed three offenses such as driving with a blood alcohol content of more than .08 percent or speeding.
According to the Bureau of Motor Vehicles, from 2005 to 2008 about 2,450 drivers’ licenses were suspended for being habitual traffic offenders.
Senate Bill 221 now moves to the full Senate for further consideration.
An earlier e-mail from Indiana State Senator Tom Wyss sent on January 26, 2010:
Key Committee to Consider Bill on Tighter Monitoring of Habitual Traffic Offenders
A bill crafted to strengthen Indiana’s Habitual Traffic Offender Law will be considered Tuesday in a key Senate committee.
Senate Bill 221, authored by State Sen. Tom Wyss, puts in writing a judge’s authority to enforce a zero tolerance policy where habitual offenders are concerned. Wyss’ bill will be heard in the Senate Committee on Corrections, Criminal and Civil Matters at 8:30 a.m. Tuesday in Room 130 of the Statehouse.
A fatal Allen County crash involving a former habitual traffic offender in late November inspired Wyss’ legislation.
“Unfortunately, there have been incidents where habitual offenders gain the ability to drive again and end up committing another, more serious crime at innocent people’s expense,” Wyss said. “I hope this legislation is another step in protecting all motorists and passengers on Indiana roads.”
Under Wyss’ bill judges would require one or more monitoring methods of former offenders during a three-year probationary period:
An ignition interlock device that requires a vehicle operator to blow into a handheld alcohol sensor unit that is attached to the dashboard. The car cannot be started if a blood alcohol content is above a preset level;
A chemical drug or alcohol test the violator must submit to any time a law enforcement officer stops them; or
A personal monitoring device the offender must wear to detect and record their drug or alcohol content during the hours they are permitted to drive. Wyss’ bill also gives judges the authority to specify and limit hours offenders are allowed to drive.
Wyss said he crafted the bill after a drunken driver – with a history of similar offenses – ran a stop sign and crashed into an SUV killing an Ohio woman and injuring her 14-year-old daughter. His blood alcohol content at the time was nearly five times the legal limit, according to police. The incident happened in late November 2009 near State Road 101 and Dawkins Road.In 1989, the offender was involved in a hit-and-run crash while intoxicated. In 2001, he was pulled over for drunken driving. Records showed his blood alcohol content was .43 percent.
Indiana law defines a habitual traffic offender as a person who has – within a 10-year period – either committed two major offenses which resulted in injury or death or committed three offenses such as driving with a blood alcohol content of more than .08 percent or speeding.
According to the Bureau of Motor Vehicles, from 2005 to 2008 about 2,450 drivers’ licenses were suspended for being habitual traffic offenders.
Senator Tom Wyss website