MADD Executive Director Opinion: Memphis Commercial Appeal

It's a judge's duty to fight drunken driving
By Laura Dial
Special to Viewpoint
June 19, 2007

According to preliminary data, there were 17,941 alcohol-related traffic fatalities in 2006, compared with 17,525 for 2005, according to the National Highway Transportation Safety Administration Fatal Analysis Reporting System.

That is a 2.4 percent increase. These numbers mean that alcohol-related traffic fatalities are at an all-time high since 1992.

In 2005, 464 Tennesseans lost their lives to drunken drivers, and about 10,000 other people were seriously injured. With statistics like these, we cannot afford to treat driving under the influence lightly. Mothers Against Drunk Driving (MADD) is concerned that the orders set forth by Fayette County General Sessions Judge Mike Whitaker are not sending the right message about the seriousness of drunken driving and its consequences.

MADD's first concern is about the issue of limiting the number of charges an officer can make at the time of arrest. In the case of a DUI, too often the impaired driver will refuse to be tested, which automatically creates two charges.

This may be especially true in the case of a repeat offender who has become savvy about how the system operates. This driver may also be driving on a revoked license, which introduces a third serious charge.

Additionally, there are myriad other possible serious offenses that could occur, such as having children in the vehicle. All charges have independent and critical penalties that must be addressed to keep our communities safe.

According to Whitaker's new order, officers must get special permission from the courts to give more than two charges. This does not seem to be the most effective way to protect the public and enforce the existing laws.

MADD is also concerned about the issue of releasing DUI offenders on their own recognizance (OR). If a DUI offender commits another DUI while on bond, current law says that the bond for the new offense is to be at least double, but OR bonds do not allow financial penalties to the offender.

Also, in order to grant an OR bond, the judge must consider many factors related to the offense, which should include the likelihood of repeat offense. A blanket order about OR bonds means that each case does not have careful individual consideration.

People typically drive drunk nearly 100 times before they are ever arrested, and about one-third of those arrested are repeat offenders. With this degree of likelihood for repeat offense, OR bonds do not seem prudent. All of this again can lead to more crime and more potential danger to innocent people in our community.

MADD understands that Whitaker is making these decisions based on his concerns about court resources and jail crowding, but failing to follow through on the appropriate penalties for this crime creates a revolving door of drunken-driving offenses by reducing the deterrent effect of our laws.

Research shows that the best way to reduce repeat drunken-driving offenses is through mandating alcohol ignition interlocks, in combination with license restrictions for an extended period of time. Interlocks are up to 90 percent effective in reducing repeat offenses when installed on vehicles.

If Whitaker would like to reduce jail crowding through creative sentencing, we urge him to use these proven strategies to reduce repeat offenses and send a strong message to the public that can reduce the incidence of first-time offenses.

MADD's Campaign to Eliminate Drunk Driving can stop drunken driving for good if it is supported with strong technology, strong enforcement, strong public support and a strong message from the judicial bench that drunken driving will not be tolerated. With a strong message from the bench, the roads will be safer now and in the future.

We urge concerned citizens in the affected communities to contact MADD to learn how they can join us in preventing drunken driving and underage drinking.

Laura Dial is executive director of MADD-Tennessee. For more information, visit maddtn.org or call (800) 544-MADD (6233)