Melanie's Story

A first-hand story from the grandfather of 13-year-old victim Melanie Powell
Memories of Melanie: A photo slideshow

STORIES

State ranked among the worst in nation
Quincy judge was among first to take a hard line

GRAPHICS

PART 1
TIMELINE: How Massachusetts drunken driving law has changed
Alcohol's causes and effects
How local and state courts treat repeat drunken drivers
Busiest courts in state for drunken driving arraignments

PART 2
The cost of drunken driving

PART 3
Massachusetts fails compared with other states
Death toll from drunken driving

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Melanie’s Law targets drunks

Proposed tougher driving law serves to honor Marshfield teen’s memory

By KAREN GOULART
The Patriot Ledger

A 13-year-old Marshfield girl killed by a drunk driver is about to become the poster child for an attempt to keep drunken drivers off the road.

Gov. Mitt Romney today proposed “Melanie’s Law,” a bill that would stiffen penalties for repeat offenders.

Melanie Powell Keys to Melanie’s Law Key elements of Gov. Mitt Romney’s bill to toughen drunken-driving laws include: Drivers who refuse Breathlyzer lose license for 1 year For subsequent refusals, suspension increases to 3 years, 5 years and life Tougher penalty for driving drunk with a child

It is named for Melanie Powell, who was struck and killed as she was walking with friends in July 2003. The driver, Pamela Murphy of Marshfield, is serving 21/2 years in prison.

“We are just honored, humbled, that the governor looked at Melanie and her very special circumstances and decided she would be an appropriate face to bring this issue more front and center to the public,” said her grandfather, Ron Bersani.

“This is a legacy that a little 13-year-old girl can leave that is hopefully going to make the world a safer place.”

Romney’s bill would increase the automatic license suspension for refusing to take a Breathalyer test from six months to a year.

The suspension would increase to three years for second refusal and five years for a third. A driver who refused the test four times would lose his license for life.

The bill would also allow police to impound a suspected drunken driver’s vehicle for 24 hours and increase the penalties for driving drunk with a child in the car.

An award-winning report by The Patriot Ledger in November 2003 highlighted weaknesses in state drunken driving laws that allow repeat offenders to continue driving despite multiple convictions. A follow-up in February showed that refusing a Breathalyzer test is the key to beating a drunken driving charge.

Rep. Frank Hynes, D-Marshfield, said Romney’s measure faces a rocky road in a Legislature loaded with lawyers who have fought stricter drunken driving laws in the past.

He said arguments that taking away a drunken driver’s car penalizes his family just don’t cut it.

“That kind of reasoning that restricts stricter drunk driving legislation isn’t common sense,” Hynes said. “If we can save one live with a stricter law, then we ought to be about the business of doing it.”

Bersani said Melanie’s family is optimistic.

“We’re hoping Melanie’s case and Melanie’s face, when people find out what happened to this little girl, will put a personal, human touch on this, and make people know something needs to be done. That right now, no one is safe on the roads,” he said.

Karen Goulart may be reached via e-mail by .