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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Drunken driving bill's demise may cost state $9M for roads

Legislature failed to adopt federal legal standards

By OMAR SACIRBEY ~ The Patriot Ledger

BOSTON - A bill that would target repeat drunken drivers and win Massachusetts $9 million in federal money is in danger of dying after lawmakers failed to vote on it.

Sponsored by Rep. James E. Vallee, D-Franklin, the bill would extend the current one-year mandatory loss of license to 18 months and bar repeat drunken drivers from obtaining a hardship license for at least one year. Drivers convicted of drunken driving multiple times can now obtain a hardship license after six months.

The bill would also require repeat drunk drivers, at their own expense, to install ignition locks that check the alcohol level of their breath before they start their engines.

The bill won initial approval in the House and Senate but failed to gain final legislative approval before the formal session ended early Saturday. Without a drunken driving law that meets federal standards, the state stands to lose $9 million in federal highway money that could be used for street repairs, bridge building and other road projects, bill sponsors said.

Although the Legislature concluded its last formal session at about 2 a.m. Saturday, proponents of the tougher measures are hopeful that lawmakers will move on the bill during the Legislature's informal session, which ends Dec. 31. But for the Bay State to receive the federal highway money, lawmakers must act before Oct. 1, the start of the federal government's fiscal year.

While the bill has support from both Democrats and Republicans, its backers are divided over whether it will become law.

That's because bills considered during informal sessions require a unanimous vote to pass, as opposed to simple majorities required on roll call votes. As such, one representative opposed to the legislation could kill it.

"I'm not optimistic, and I'm disappointed," said Sen. Brian A. Joyce, D-Milton. "There's a small but vocal minority that opposes it." He said that minority is largely comprised of legislators who in their private lives work as criminal defense lawyers.

Although disappointed that the bill did not advance during a marathon Friday session that stretched into early Saturday, advocates are still hopeful.

"If the House wants to finish it, they can," said Barbara Harrington, executive director of the Massachusetts chapter of Mothers Against Drunk Driving. "I'm cautiously optimistic."

Sean Kealy, legal counsel for Sen. Cynthia Stone Creem, D-Newton, said, "I'd be very surprised if the state didn't do this, especially given that there's federal dollars involved. That's a great way to spur unanimity."

Gov. Mitt Romney backs the bill. Secretary of Public Safety Edward A. Flynn and Secretary of Transportation Dan Grabauskas co-signed a letter Friday urging lawmakers to pass the bill.

But Geoffrey Nathan, a Quincy-based lawyer who specializes in drunken driving defenses, said the law overlooks more dangerous alcohol-related problems.

"Why is that we've decided to crack down on the guy that has one too many beers? Because he's any easy target," Nathan said. Police would do better to make sure that ship captains, airline pilots and truck drivers carrying hazardous materials are not drinking and driving, he said.

Harrington wants to see the bill become law as soon as possible. According to 2002 statistics, there are more than 60,000 people who had two or more drunken driving offenses. "That's a lot of dangerous people," she said.

Omar Sacirbey may be reached by .