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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Now it’s up to Webster, Hedlund, 4 others on compromise panel

By TOM BENNER
Patriot Ledger State House Bureau

BOSTON - The fate of Melanie’s Bill is in the hands of six legislators assigned to iron out major differences in the House and Senate versions of legislation aimed at cracking down on repeat drunken drivers.

Highlights of the Senate bill Mandatory one-year license suspension for a second or subsequent drunken driving conviction Requires alcohol treatment for second and subsequent offenders Requires installation of breathe analyzer ignition locking devices on vehicles owned, leased or operated by repeat offenders for two years. Eliminates 15-day temporary licenses for those who refuse or fail breath tests. Requires treatment for drunken drivers whose blood alcohol content is 0.15 or more Creates new offense of “manslaughter by motor vehicle,” punishable by 5 to 10 years in state prison and the possibility of lifetime loss of driver’s license. Increases penalty for drunken drivers with a child under 16 in the vehicle. Allows certified documents relative to prior drunken driving to be admissible at trial on subsequent charges Punishes fourth or subsequent drunken driving offense by 5 to 10 years, 3-year minimum mandatory. Makes it a criminal offense to tamper or interfere with an ignition locking device. Lengthens from 1 year to 18 months the license suspension for second and subsequent offenders before being eligible for a hardship license Requires canceling the registration and seizing the plates of vehicles owned by repeat offenders for one year Requires 24-hour impoundment for any vehicle driven by a person arrested for drunken driving if breath test is refused Source: Massachusetts Senate

SENATORS SPEAK OUT Statements about drunken driving legislation “We are poised to do these families justice.” Sen. Robert Hedlund, R-Weymouth “We’ve heard too many stories of children going out to play and not coming home, or families going out to dinner never to return. It’s time that we sent a message.” Sen. Steven Baddour, D-Methuen “I was embarrassed that the House would do something to water this down. But today I’m proud that this Senate is once again making this a bill with teeth.” Sen. Susan Tucker, D-Andover “The fuel, the spirit, the soul of this bill has been provided to us by families who have suffered the unthinkable loss of losing a child when they knew that it shouldn’t have happened, and if preventative steps were in place, it wouldn’t have happened.” Sen. Bruce Tarr, R-Gloucester

The House stripped several tough provisions from the bill before passing it. The Senate yesterday passed its version of the drunken driving bill by a 39-0 vote. The Senate bill would increase penalties, make prosecution easier and closes loopholes that have allowed repeat offenders to sidestep criminal charges.

The Senate vote came one day after the House passed a stripped-down version of the bill following a bitter debate during which defense lawyers argued against wholesale changes in drunken driving law that have been called one of the weakest in the country.

“I don’t think it will be an easy task, but that’s why they call it conference committee,” said Rep. Daniel Webster, a Hanson Republican and one of three House members assigned yesterday to hammer out a compromise version of the bill. “The overall goal is to get the drunk driver laws in Massachusetts as tough as we can.”

The five other members of the conference committee are Reps. Eugene O’Flaherty, D-Chelsea, Michael Costello, D-Newburyport, and Sen. Robert Creedon, D-Brockton - all three attorneys who have fought to strip the bill - and two strong supporters, Sen. Robert Hedlund, R-Weymouth, and Sen. Steve Baddour, D-Methuen.

Under joint House-Senate rules, at least two members from each branch must agree on a final version of the bill before it can be sent to the governor’s desk for his signature.

The Senate restored a provision for use of ignition-locking devices - in-car breath analyzers that require drivers already convicted of drunken driving to blow into a small tube attached to the ignition to prove they haven’t been drinking before starting their cars. The bill creates criminal penalties for anyone who tampers with the device.

The Senate bill would also allow a district attorney to go to court to seize a car after a fourth drunken driving offense and would allow prosecutors to use certified copies of court records to prove someone had been previously convicted of drunken driving.

The House version of Melanie’s Bill lacks provisions such as requiring ignition-locking devices, increased penalties for refusing to take a Breathalyzer test and the creation of new crimes for manslaughter by motor vehicle and child endangerment for driving drunk or high on drugs when a child is in the car.

The bill is named for 13-year-old Melanie Powell of Marshfield, who was struck and killed by a repeat drunken driver in July 2003. Her parents, Tod and Nancy Powell, and grandfather Ron Bersani were elated after the Senate voted to put back most of the original provisions that were removed by the House.

“The Senate took a giant step forward in doing something that will dramatically affect the way Massachusetts treats drunk drivers and will save lives,” Bersani said. “This is Melanie’s Bill.”

Other South Shore families whose family members were the victims of repeat drunken drivers also praised the strengthened version of Melanie’s Bill.

“Finally something positive has come out of this,” said Christine Leone of Quincy, whose 9-year-old son Nicholas was badly injured when a repeat drunken driver allegedly drove into him on a Germantown sidewalk. “We made a difference.”

Rick O’Bryan of Rockland, whose daughter Jill is in a wheelchair now following an accident allegedly involving a repeat offender, said: “The facts told the story, and people are listening now.”

Ed Melia of Quincy, whose great-granddaughter was killed following an accident allegedly involving a repeat offender, said he is heartened by the bill’s margin of victory in the Senate.

“Any time you get 39 to zero, that’s tough to get,” Melia said. “As Yogi says, it’s not over ’til it’s over, so we’ll see what happens in the next few days.”

It remains unclear when the conference committee will have its first meeting. The Patriot Ledger has formally requested that the meetings be held in public, although members have the option of voting to close the meetings to the public.

A spokeswoman for Mothers Against Drunk Driving, whose group gives Massachusetts a D-minus grade for its drunken driving laws, said she is cautiously optimistic a strong version of the bill will emerge from committee.

“It is a process, and we have to respect that it’s not finished yet,” MADD’s Barbara Harrington said.

Tom Benner may be reached at tbenner@ledger.com.