The Legislature’s joint Criminal Justice and Public Safety committee unanimously approved a bill on Monday aimed at curbing drivers under suspension from getting behind the wheel. The bill will now move to the House and Senate for a vote.
The bill is commonly known as “Tina’s Law” after Scarborough resident Tina Turcotte, who was killed in an accident involving a suspended driver last July.
“Our intent through Tina’s Law is to make Maine’s roads a safer place for our citizens,” said Senator Bill Diamond, D-Windham, one of the bill’s sponsors. “We’re one step closer today with the committee’s unanimous ‘ought to pass’ report.”
Police have charged Scott Hewitt of Caribou for causing the accident that killed Turcotte. Hewitt’s license was suspended at the time of the accident and it was later learned that he had more than 60 vehicle related convictions, including more than 20 license suspensions.
Hewitt, who is currently in jail, is being charged with 11 counts relating to the accident including manslaughter, operating under the influence while causing serious injury, operating under the influence in a commercial vehicle and operating after suspension.
Tina’s Law would stiffen the penalties for operating after suspension violations to include jail time and increased fines for repeat offenders. The law would apply to drivers who have had three major violations or 10 or more moving violations in five years.
The bill focuses only on moving violations and not administrative suspensions such as a suspension due to unpaid child support.
“Tina’s Law makes operating after suspension a serious offense with mandated jail sentences for repeat offenders,” Diamond said. “If a driver is caught driving after suspension, the message will be unmistakable by way of increased fees and jail time.”
However, some of its measures were removed during the legislative process, which disappointed Rep. Darlene Curley, R-Scarborough, one of the bill’s sponsors. “As you reach a unanimous decision you have to compromise,” she explained.
The most important aspect included in the original bill and removed in committee mandated jail time for a suspended driver who causes an accident where there is bodily injury or death.
The issue was removed because of disagreements regarding mandatory minimum sentences, but it something that Curley will try to incorporate back into the bill during deliberations in the House. Curley feels it is an important aspect of Tina’s Law and said many others feel the same way.
In the case of Hewitt, Curley said if the law was in effect when the accident occurred, he probably only would have received six months of jail time and only then if a judge agreed to it.
Senator Phil Bartlett, D-Gorham, a co-sponsor of the bill, said the bill is a step forward, but not as large of one as many would like to have seen.
“A lot of us were frustrated there are so many folks driving around with suspended licenses,” he said. “The bottom line is you have someone with five, 10, 15 suspensions; we want to make sure there’s a real penalty.”
According to the Cumberland County Sheriff’s Department, one in 25 drivers on Maine’s highways are driving with a suspended license or are habitual offenders.
Other things that were removed from the original legislation include requiring the state to immobilize vehicles that repeat offenders were driving. The argument against this measure was that the person’s family was being unfairly punished, Curley said. In addition, there were logistical concerns about where these vehicles would be stored, although a boot could have been used.
The bill is expected to go to the House within the next couple of weeks.
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