Spilyay Tymoo
December 23, 1981 Page 5
Take note
Tough drunk, driving
laws go into effect
by Joshua Reid
Legal Aide Dept.
Both the Tribal Council and
the State Legislature have
re c e n tly to u g h en ed law s
against drunken driving.
On the reservation a new
traffic code was adopted by
T r ib a l C o u n c il.' It h as
considerably changed the
effects of the drunk driving law.
Under the old code a person
convicted of Driving under the
Influence of Liquor or Drugs
(DUIL) was subject to a
penalty of 30 days in jail and a
fíne of $100 for a first
conviction, and 60 days in jail
and a $200 fine for any
subsequent conviction. A
person could refuse to take a
breathalyzer test and not be
punished for that refusal.
Under the new code this is all
changed. The name of the
offense has been changed to
Driving Under thé Influence of
In to x ic a n ts (D U II). The
penalty for any offense whether
it is the first or twentieth is up
to 6 months in jail and a $500
fine.
The DUII law states that a
person may be convicted if
u n d e r th e in flu e n c e o f
in to x icatin g liq u o r or a
c o n tro lle d su b sta n c e . In
addition you can be convicted
if your blood contains .10% or
more alcohol by weight as
shown by a chemical test,
commonly called a breath
alyzer test.
A big difference is that under
the new code is you refuse to
take a breathalyzer test your
driving privileges may be
suspended for up to 120 days.
You may still refuse to take the
test, but this refusal is evidence
against you and may be
admitted to court at your DUII
trial. This law is called the
Implied Consent Law.
T here a re a lso m ajo r
differences in the new state
DUII law which will make a
difference if you are convicted
off the reservation.
Under the old state law a first
conviction of DUII was a Class
A traffic infraction punishable
by a fine of up to $1000. Any
subsequent conviction was a
C la s s A m i d e a m e a n o r
punishable by up to a 1 year jail
sentence and a $1000 fine.
The new law changes all of
this. Any conviction, even your
first, is a Class A misdemeanor.
The sentence for this is an
automatic mandatory suspen
sion of your driver’s license for
1 year plus up to 1 year in jail
and up to a $2,500 fine. This
conviction is also listed on your
criminal record. For a second
conviction your license is
automatically suspended for 3
years plus up to 1 year in jail
and a $2500 fine. These
penalties are obviously very
serious.
For your first DUII arrest
th e r e is , h o w e v e r , a n
alternative available. This is
called a diversion program.
The diversion program is
available if there was no injury
to anyone and property
damage was less than $400 in
the incident resulting in your
first DUII arrest.
The way this program works
is that if you request diversion
the court will assign you to a
What to do in a power shortage
It's important to call Pacific Power and let them
know you are without power. This may be frus
trating in a big outage because a lot of folks are
probably doing the same thing ... all at once.
Once you get through, give them these facts:
Name, address and téléphoné number.
2 If it looks like an extended outage, play it safe
with your appliances. To prevent possible dam
age, unplug or turn off at the fuse, or circuit panel,
all electrical appliances. Especially turn off re
frigerators, freezers, water heaters, heat pumps
and furnace fans.
3 If. when power comes back, some of your lights
appear to be dim or just barely on, go back to step
two and turn off all appliances at the fuse or cir-
cuit panel. Then call Pacific Power.
4 Keep this fact in mind: Unopened freezers will
1
retain cold for up to 48 hours.
5 Extremely Important: Under no circumstances
should anyone attempt to move or touch a
downed power line. Stay away. Any wire down
on the ground or dangling from a pole should
be assumed to be hot. Call Pacific Power or your
local police or emergency services department
immediately.
extra batteries and matches. Camp cooking gear
can be useful, but always remember to use in
ventilated areas.
7 Please use portable home electric generators
safely. Do not plug into a wall outlet. Use exten
sion cords from generator to appliance(s).
Backfeed through your home's electrical system
_could be fatal to line repair personnel.
of five permits for a buffalo
hunt. The buffalo hunt will be
for grown bulls.
Game warden John Moss
said the reason for the sale is
because of an increase in the
size of the herd, to the number
of 381. The acreage allotted to
the herd has been overgrazed
and the cost of feed has
increased. The herd has grown
from a few head to its present
size.
For additional information
on the hunt and the auction call
208/238-3737 or 208/237-0664.
—For Sale—
1974 Ford Torino, V-8, 4-
door Sedan; 302 Engine,
Automatic Transmission, new
tires, interior and exterior in
very good condition; AM
radio, has been winterized, and
COCC
tre a tm e n t o r co u n selin g
program. The cost for this is
$275 paid to the Court. This
cost may be reduced by the
judge if you show him that you
can’t pay that amount.
If you successfully complete
the diversion program and
d o n ’t have any fu rth e r
violations within 1 year, the
DUII arrest is wiped off your
criminal record. The Depart
ment of Motor Vehicles retains
a record saying you completed
the p ro g ra m . T he g re a t
advantage of the diversion
program is that you avoid the
1 year automatic suspension of
your license if you choose the
diversion alternative.
The last part of the state
DUII law is that if it is your first
conviction you can get an
occupational driver’s license.
This will enable you to drive to
and from work. For your
s e c o n d c o n v ic tio n an
occupational license can be
obtained only after completing
an alcohol abuse program. The
third conviction prohibits you
fro m e v e n g e ttin g an
ocupational license until a 90-
day period has passed.
6 Be Prepared. Have available: flashlights, candles,
Buffalo for sale
Are you having trouble
deciding what to get that
special person for Christmas?
Well, perhaps the Sho-Ban
tribe in Idaho has the answer
for you. On January 14 and 15
they are putting 200 head of
buffalo up for auction.
The auction is scheduled to
start each day at 10:00 a.m. and
will be held at Fort Hall’s
buffalo corral. The tribe is
offering two year-old bulls, two
year-old heifers, mature bulls
and cows and an added feature
Good Citizens
Tribal enterprises has begun to sponsor student citizenship awards each month at Warm Springs
elementary in an effort to encourage good citizenship ana good conduct.
Certificates were presented by Information Center manager Faye Waheneka fo r the month of
December. They went to: (from left to right) Laurie Danzuka, 6th grader; Trade Carter, 5th grade;
Luanne Foltz, 2nd grade; Rachelle Beetles, 3rd grade; RoneUe Speakthunder, kindergarten; Tyron
Smith, 4th grade; and Jason Williams, 1st grade.
Spilyay Tymoo photo by Shewczyk
ready to go. Gets 27.8 mpg.
Must drive this vehicle to
appreciate. Price is $1,450.00
(Tape deck w/speakers $300
more). Call 553-1461 after 5:00
p.m.
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Drunk driving is a problem
we all must deal with. Many
people have been needlessly
killed and injured by irres
ponsible people driving while
intoxicated. The Tribe and
State are trying toprevent this
by there stiffer laws, but
actually the only people that
can prevent this are ourselves.
If you are 16 years of age or
older, COCC hopes that there
is a class for you Winter term.
For the first time ever a
woodworking class, taught by
local carpenter, Jim Reid, will
be offered to teach students to
b u ild h o m e -p ro je c ts of
individual choice. So, if its a
b o o k sh e lf, to.ybox, spice
cabinet, whatever, you can
make it in Doghouses to Decks.
For the first time in several
years, Beef Management will
be presented by Jefferson
C o u n ty E x te n s io n R on
Mobley and Warm Springs
Extension Agent Clint Jacks,
along with teachers Mark
McFarland, and a Madras
veterinarian and Jay Binder,
retired Extension Agricultural
Agent in Jefferson County for
25 years. This course explores
different aspects of beef/cattle
production that is centered
around the Warm Springs
situation. It will give students
know ledge in feeds and
feeding, beef diseases and
p re v e n tio n , b e e f /c a ttle
eqiupment, management for all
seasons, and economics and
budgeting.
In resp o n se to p ublic
interest, COCC will offer
English Composition, a 3 credit
class. It is designed to teach
com m unication skills for
writing and speaking the
English language. M adras
High school teacher, Pete
Carlson will be the instructor.
B eg in n in g S h o r th a n d ,
taught by Bernice Werner,
tribal court adminstrator, will
enable anyone interested to
learn the invaluable skill and
increase their employability.
Fall term, many people
wanted to take Traditional
Schedule
Yarn Weaving, but failed to
sign-up by the cut-off / cancella
tion date. Teacher Mercy
Suppah took it all instride and
took the opportunity to sign-up
f o r A u to T u n e -u p an d
Maitenance. Please register
during the week provided if you
intend to take a class. Auto
Tune-up and M aintenance
will again be offered by Ken
Lydy, tribal garage mechanic.
Many students continue to take
this class over and over to
develop ability to work on their
own cars. Not a bad idea.
If anyone wants to learn to
print T-shirts, cards, pictures,
then silkscreen Printing, taught
by local artist Nancy Garrison,
is for you. This is a special art
and a good opportunity at this
time to learn it. Another noted
talent, Carolyn Tohet will
again teach Beadwork.
Spring term already looks
very exciting; if there is
something you want to see
offered, credit or community
education,please notify Nancy
Pitt, 553-1428. New teachers
and courses will need to be
submitted for approval by Feb.
12, so don’t delay. We will be
offering Indian Law, taught by
Doug Hutchinson, tribal court
legal advisor, is also being
planned for spring.
In th e w o rk s is a n
In tro d u c tio n to F orestry,
taught by a local forester so for
all of you who want to know
more, but didn’t have the
opportunity to learn. We
would like to offer a class in
Tepee m aking, m occassip
making, hide tanning, to
mention a few. If you would
like to teach, or know someone
who could, please contact me-
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