Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, February 12, 1992 TAG: 9202120339
SECTION: VIRGINIA PAGE: B1 EDITION: NEW RIVER VALLEY
SOURCE: GREG SCHNEIDER and BONNIE V. WINSTON STAFF WRITERS
DATELINE: RICHMOND LENGTH: Medium
LICENSE SEIZURE PASSES
Authorities could seize your driver's license on the spot if they suspect you of driving drunk, under bills approved Tuesday by the House and Senate.The issue has been pushed heavily by Attorney General Mary Sue Terry, but has provoked such controversy that each house wound up endorsing sharply different measures.
The House bill, approved 72-26 and sponsored by Del. James Almand, D-Arlington, would rely solely on Yea/Nay on DUI license revocation. B6 House votes to end clinic blockades. B6 Wilder finds some extra money. B6 a breath test to determine if a driver's blood alcohol content is 0.10 percent or higher.
If it is, or if someone refuses to take the test, the arresting officer could haul the driver to a magistrate and have the license revoked for seven days. During that period, the person could request a hearing to reclaim his or her license.
In the Senate version, the driver could opt for a blood test, but the officer could revoke the license while waiting for results. When the license was seized, though, the officer would issue a temporary, 15-day driving permit.
During that time the driver could try to get the license back; otherwise, the license would be suspended for 90 days.
Critics assailed the bill as punishing drivers before they're convicted. But supporters said the measure could save an estimated 50 lives annually.
"We hear all this talk about the rights of drunk drivers, but when will we address the rights of the victims and their loved ones?" asked Sen. Russell Potts, R-Winchester.
Last year, 535 people died in Virginia in alcohol-related accidents, Almand said. Another 14,000 were injured. Twenty-nine states and the District of Columbia already have some form of administrative revocation.
"The purpose of this legislation is to save lives and reduce injuries caused by drunken drivers," Almand said. "It's the single most effective thing we could do to reduce alcohol-related traffic fatalities."
But opponents countered that the process would deprive people of basic constitutional rights.
"I cannot believe we stand in Mr. Jefferson's house today and even consider a bill that would allow someone to be not only arresting officer, but also judge, jury and executioner," said Sen. Charles Hawkins, R-Chatham. "There's got to be a limit to what we do. This goes beyond that limit."
Senators and delegates alike said the measures would be especially unfair to people who can't afford a lawyer to argue for the return of their license. \ YEA OR NAY ON LICENSE REVOCATION
IN FAVOR: Sens. Virgil Goode, D-Rocky Mount; Madison Marye, D-Shawsville; Jack Reasor, D-Bluefield; Elliott Schewel, D-Lynchburg; William Wampler, D-Bristol; Dels. Steven Agee, R-Salem; Ward Armstrong, D-Martinsville; Tommy Baker, R-Dublin; Richard Cranwell, D-Vinton; Creigh Deeds, D-Warm Springs; Willard Finney, D-Rocky Mount; Thomas Jackson, D-Hillsville; Joseph Johnson, D-Abingdon; Joan Munford, D-Blacksburg; Roscoe Reynolds, D-Martinsville; Victor Thomas, D-Roanoke; Clifton Woodrum, D-Roanoke.
OPPOSED: Sens. Brandon Bell, D-Roanoke; Malfourd "Bo" Trumbo, R-Fincastle; Dels. G.C. Jennings, D-Marion; Lacey Putney, I-Bedford.
NOT VOTING: Sen. Frank Nolen, D-New Hope.
Keywords:
GENERAL ASSEMBLY
Memo: shorter version ran in the Metro edition.