Posted by Phil Lee at pflee@NOSPAMwdn.com (64.24.94.48) on February 24, 2003 at 22:53:
DUI Bills DOA
The Washington Post Company
Sunday, February 23, 2003; Page B06
CAPISTRANO HAS its swallows; in Annapolis every year at this time, the defense-lawyer buzzards return to the place where drunk driving bills go to die. The legislative graveyard is the House Judiciary Committee, ever led by Chairman Joseph F. Vallario Jr. of Prince George's County, a lawyer whose practice happens to include representing drunk drivers. Alcohol-related deaths in Maryland go up, but the proposed laws go down. A few measures struggled through during the past two years, thanks in large measure to the threat of losing federal highway funds. This session, the committee is back to business as usual, with the chairman telling members privately to kill nearly every bill coming their way.
Tougher laws alone would not solve Maryland's drunk driving problems, but some of the proposals in Annapolis would contribute to better enforcement and more meaningful sentencing. Many first-time offenders are given "PBJ" -- probation before judgment -- which promises that charges will be dropped if there are no more offenses in five years. Del. William A. Bronrott and state Sen. Ida G. Ruben of Montgomery County sponsored bills to increase the probation period to 10 years. Mr. Bronrott reported at a hearing of the House committee that the use of PBJ in Maryland is "out of control," far exceeding the original intent of the legislature "to give truly deserving people a second chance," and that it's too often given to drivers with prior offenses. He cited findings of the Maryland Center for Studies of Alcohol, in conjunction with the state's Motor Vehicle Administration, that the PBJ program has made it more likely that an offender will drive drunk again.
Last week, Mr. Vallario was successful in killing the bill; it fell two votes short of the 12 needed when freshman Montgomery County Del. Ana Sol Gutierrez -- a co-sponsor -- turned around and voted against it. The committee also killed three other bills dealing with ignition interlocks, breath tests and underage drinking. Another two bills were amended and approved for uncertain fates on the floor, and still another bill was held for further discussion. The pattern persists -- and will persist as long as the chairman's conflict of interest is tolerated.