Thursday, January 1,1981
Page 8— Vernonia Freedom
New consequences awaiting those who drink and drive
by Jack Zimmerman
Prospects are less than cheerful for
Oregonians who partake of holiday cheer
and attempt to drive while under the
influence.
And this particular time of year seems
trafffic fatalities and injuries. And while
loss of life and serious injuries stemming
from auto wrecks remain a major reason
for dealing with the problem, another
factor has entered the picture.
The other lactor is the tremendous
appropriate for discussing what lies ahead
when lawmakers meet in Salem next
amount of time and money involved in
prosecuting drunk drivers under current
month and once again tackle the drunk
driving problem.
statutes.
The Oregon Commission on the Judicial
Driving
under
the
influence
of
intoxicants (DUII) is a year-round
problem that only intensifies during the
holidays. But it appears likely the
Branch
recommends
decriminalizing
drunk
driving.
The Traffic
Safety
Commission wants harsher penalties for
first offenses. And still another proposal
would
levy
heavier
fines
and
Legislature will take steps that could
make drunk driving more hazardous to
perpetrators before the next Yuletide is
upon us.
Major impetus for attacking the
problem in the past has been provided by
the high rate of drunk driving involved in
imprisonment for first offenders, which
could be suspended and expunged from
records if offenders opted for a guilty plea
and submitted to alcoholic treatment.
Of the three, decriminalization may
sound best to those who figure they might
Bugas joins NW fishing committee
'
State Rep. Ted Bugas, R-Astoria, has
been named by Gov. Vic Atiyeh as the
State of Oregon representative on an
advisory committee to a federal study of
the needs of the fishing industry and
public ports in Oregon, Washington and
California.
The National Marine Fisheries Service
and
the
Economic
Development
Administration are sponsoring the study
entitled “West Coast Fishing Industry
and Public Ports Infrastructure Needs
Assessment.”
According to National Oceanic and
Atmospheric Administration (NOAA)
officials, the project is being funded
through the West Coast Fisheries
Development Foundation, a non-profit
organization representing the West Coast
get caught. The word has a nice ring to it
and most certainly must mean drunk
drivers won’t have to worry about the
threat of a jail sentence.
But the plan proposed by the
Commission on the Judicial Branch has
other implications that may turn out to be
even more effective than the immediate
threat of spending time in jail.
The Commission gets into the act by
virtue of its assignment by the 1979
Legislature to come up with ways to
improve the efficiency of Oregon’s court
system.
It claims DUH constitutes a major
problem in law enforcement, a major
problem in District Courts and a growing
problem in Circuit Courts. While many
Legislators
and
concerned
citizens
demand harsh punishment, defendants
demand jury trials in most cases,
knowing juries are reluctant to convict.
Although this sentiment for punishment
and reluctance to apply that punishment
is understandable, our courts are caught
in the middle.
fishing industry.
NOAA officials
say
the
advisory
committee, of which Bugas is a member
along with representatives of federal and
state government, fishing industry, and
port authorities, will closely monitor the
study.
Bugas, vice president and business
manager
of
E.H.
Carruthers
Co.,
Warrenton, has been a member of the
Oregon House of Representatives since
1977. He represents District 2, which
takes in Clatsop and portions of
Columbia and Washington counties.
A former FBI agent, he received his
undergraudate education at Universities
of Wyoming and Colorado and a law
degree from the University of Notre
Dame.
Jury trials are five times more time
consuming than court trials and much
more expensive. DUII currently account
for up to half the jury trials in District
Courts and in the last decade have
virtually buried those courts. It now
takes longer to try a DUII case in
Multnomah County District Court than a
murder trial in Circuit Court.
The 1975 Legislature attempted to
decriminalize DUII first offenses but that
law
was
declared
unconstitutional
because repeaters were still liable for
punishment under criminal statutes.
The Commission, in an attempt to
balance the goals of eliminating unsafe
drivers, puriishing vehicle code violators,
improving court efficiency and protecting
the rights of accused persons, wants
CUSTOM
¡S ian ' s CARPET
SERVICE ||
Roach's
lawmakers to rely fully upon civil
penalties for DUII.
The process would be based upon
withholding driver’s licenses to achieve
criminal enforcement. And the plan, while
probably solving the constitutionality
problem, sounds like it might be quite
effective.
First offenders would be liable for fines
up to $500 and permissive one-year
license suspension at the descretion of the
sentencing judge.
Second offenders (within five years)
would face the same fine structure but
risk
mandatory
one-year
license
suspension and mandatory three-month
prohibition
against
issuance
of
occupational driver’s license.
Third and subsequent offenders (within
five years) also face the same fines, plus
mandatory one-year license suspension
and prohibition against occupational
license for the same period.
The penalty system eliminates the
necessity for jury trials, establishes
stronger and more predictable penalties
and eliminates the right to appointive
counsel at public expense.
While it doesn’t meet desires of those
who demand immediate jail sentences for
DUII, that fate likely would await
persons caught driving while their
licenses were suspended. And although
those
charged
with
driving-while-
suspended can demand jury trials, those
proceedings are much quicker because the
issue is relatively simple compared with
proving driving under the influence.
Considering the commonplace status of
driving under the influence reflected by
DUII cases, and the resulting increases in
deaths and injuries, lawmakers are bound
to address
the
problem
and
the
Commission’s solution just might be the
most productive.
Restaurant
QUALITY CUSTOM WALL TO WALL INSTALLATION
^4
NOTICE
TO OUR CUSTOMERS
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Will be Closed
Thursday, January 1
through
Friday, January 9,1981
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WE INVITE YOU TO ENJOY
|
Breakfast, Lunch and Dinner at
Spar Tree Restaurant
the
Open 7 days a week 6 am to 7 pm
During Roach's Vacation
Merry Christmas From allot us to allot you.
Anda Happy New Year!
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