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Lawmakers want gunslinger law applied to DUIs
Associated Press
HELENA (AP) - A 19th century law aimed at putting an end to cowboy gun fights should be expanded to crack down on deadly drunk drivers, a lawmaker says.
The Legislature is considering several bills dealing with drunken driving, and two more of them went before the House Judiciary Committee on Wednesday. One would increase DUI fines, and the other would tap an 1895 statute to increase financial liability for drunken drivers.
The committee took no action on either bill Wednesday.
Near the end of the 19th century Old West gun duels were still a problem among ranch hands, and lawmakers decided to stiffen the crime's penalty in 1895, said Rep. Christopher Harris, D-Gallatin Gateway.
The law - still on the books - requires the winner of a gun duel to pay the debts and family support of an opponent killed or permanently disabled in the fight. Harris wants drunken drivers to do the same.
"If it worked for dueling, let's see if it works for drunk driving," he said of his House Bill 243.
The Montana Trial Lawyers Association - saying the measure would add strict liability on top of penalties already enforced by courts - supported the bill.
State Farm Insurance Co. opposed the plan, claiming it may expose the insurance industry to more risk.
"We are already responsible for the negative actions of our conduct," said the company's Montana lobbyist, Helena lawyer Gregory Van Horssen. "You are modifying an ancient statute that has been on the books a long time to change an important part of law that affects us all as Montana drivers."
Some on the committee worried that the debts and family support of victims injured by drunken drivers would simply be paid in increased premiums for other policy holders.
But Harris said the bill, which would require posting of the new law in some public places, is an important part of the Legislature's efforts to crack down on drunken driving.
"Drunk driving is the evil we have to eradicate this session," Harris said.
The other bill, HB255, would add $100 to the fine for DUI offenses. The money would go to pay for DUI task force training, education and equipment.
Courts could waive the fee for financially strapped offenders.
"This would just add a little more money into the budgets of law enforcement agencies," said bill sponsor Rep. Jill Cohenour, D-East Helena.
Montana's small courts opposed the measure because surcharges and fees for special programs create an "accounting nightmare," said Robert Throssell, lobbyist for the Montana Magistrates Association.
Other DUI proposals being debated in the Legislature would increase penalties for second offenders and tighten Montana's drinking and driving restrictions.
http://www.billingsgazette.com/inde...03/01/22/build/local/50-xgr-dui-penalties.inc
Associated Press
HELENA (AP) - A 19th century law aimed at putting an end to cowboy gun fights should be expanded to crack down on deadly drunk drivers, a lawmaker says.
The Legislature is considering several bills dealing with drunken driving, and two more of them went before the House Judiciary Committee on Wednesday. One would increase DUI fines, and the other would tap an 1895 statute to increase financial liability for drunken drivers.
The committee took no action on either bill Wednesday.
Near the end of the 19th century Old West gun duels were still a problem among ranch hands, and lawmakers decided to stiffen the crime's penalty in 1895, said Rep. Christopher Harris, D-Gallatin Gateway.
The law - still on the books - requires the winner of a gun duel to pay the debts and family support of an opponent killed or permanently disabled in the fight. Harris wants drunken drivers to do the same.
"If it worked for dueling, let's see if it works for drunk driving," he said of his House Bill 243.
The Montana Trial Lawyers Association - saying the measure would add strict liability on top of penalties already enforced by courts - supported the bill.
State Farm Insurance Co. opposed the plan, claiming it may expose the insurance industry to more risk.
"We are already responsible for the negative actions of our conduct," said the company's Montana lobbyist, Helena lawyer Gregory Van Horssen. "You are modifying an ancient statute that has been on the books a long time to change an important part of law that affects us all as Montana drivers."
Some on the committee worried that the debts and family support of victims injured by drunken drivers would simply be paid in increased premiums for other policy holders.
But Harris said the bill, which would require posting of the new law in some public places, is an important part of the Legislature's efforts to crack down on drunken driving.
"Drunk driving is the evil we have to eradicate this session," Harris said.
The other bill, HB255, would add $100 to the fine for DUI offenses. The money would go to pay for DUI task force training, education and equipment.
Courts could waive the fee for financially strapped offenders.
"This would just add a little more money into the budgets of law enforcement agencies," said bill sponsor Rep. Jill Cohenour, D-East Helena.
Montana's small courts opposed the measure because surcharges and fees for special programs create an "accounting nightmare," said Robert Throssell, lobbyist for the Montana Magistrates Association.
Other DUI proposals being debated in the Legislature would increase penalties for second offenders and tighten Montana's drinking and driving restrictions.
http://www.billingsgazette.com/inde...03/01/22/build/local/50-xgr-dui-penalties.inc
