Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, July 29, 1993 TAG: 9309070194
SECTION: EDITORIAL PAGE: A9 EDITION: METRO
SOURCE: Ray L. Garland
DATELINE: LENGTH: Long
The Roanoke story really began when a car driven by Stanley Brooks, 22, went airborne on the expressway, crashing into an oncoming vehicle, killing Brooks, his passenger and the other driver. Brooks' traffic-offense record was five computer pages long. In the two years prior to the fatal accident, his license had been suspended seven times. In April 1993, he was adjudicated an habitual offender.
An habitual offender loses the privilege of driving for 10 years, unless it is restored by a judge for good cause shown. If convicted of driving during such time, he faces a mandatory sentence of one to five years, and 1,200 habitual offenders are now in prison. But with 32,000 of them statewide, and many undoubtedly driving, strict enforcement of this law could increase Virginia's prison population dramatically in no time at all. In fact, this year's General Assembly reduced penalties for ``nondangerous'' offenders caught driving.
But the law doesn't work at all unless authorities can prove that notice was served in person. As you might imagine, scofflaws are elusive. Last year, computers at the Department of Motor Vehicles certified 14,316 people as the state's worst drivers, but only 3,248 were declared habitual offenders by the courts.
``It's very frustrating,'' said Bedford Commonwealth's Attorney James Updike, ``when you go through all the paperwork ... and they can't be found.'' New changes in state law and DMV procedures may ease this problem. And starting next year, DMV will attempt to counsel drivers on the verge of becoming habitual offenders.
But this is only part of the problem. DMV reports that 665,000 Virginians have had their licenses suspended, which could mean that 10 percent of all vehicles you see on the road are being operated by persons with no legal right to drive. In Roanoke, one of three traffic tickets issued carries a citation for driving on a suspended or revoked license!
Many of these suspensions result from nonpayment of fines for relatively minor infractions and the city has an innovative program to deal with this problem - the first of its kind in the state - that appears to be working. Roanoke Commonwealth's Attorney Don Caldwell is probably correct when he says that the ``vast majority'' of suspended drivers pose no unreasonable danger.
But the problem with so large a number of persons driving illegally is that it contributes to a perception of burgeoning lawlessness; even of social disintegration.
If you want to enter the real world of social disintegration, step into the shoes of the Richmond probation counselor. You will be convinced that not only have we raised a generation of vipers, but there are no solutions. I will spare you the details, but it's no wonder that Peter Decker, outgoing chairman of the State Board of Corrections, recently called for bulldozing public housing projects.
Many good ideas have been advanced to deal with the problem of lawless drivers and lawlessness in general, but one thing Evans said caught my attention. To delay locking them up, she said, does many delinquents no favor, and is tantamount to society's endorsement of their pattern of misconduct.
In other words, a lack of a proportionate response. We are forever looking the other way, convincing malefactors that the system leaks like a sieve and that our big talk about getting tough on crime is just a joke. Then, suddenly, the system actually catches up with them, and falls on them like a ton of bricks, evoking expressions of shock, even outrage. And society is stuck with a bill of several hundred thousand for a protracted incarceration.
So, what's the answer? Well, one answer may lie in a philosophy of punishment incorporating proportionate response. Instead of a sentence of six months for a conviction of driving with a suspended license, what about six days? But cut out the rigmarole and make it stick. Instead of the unrealistic hope of keeping an habitual offender off the roads for 10 years, let the case be reviewed every two years for possible restoration of driving privileges on proof of good behavior.
What about costs? State experts tell us that if you're going to put more people in jail, be prepared to spend about $40,000 for a new prison bed and about half that on annual maintenance. But incarcerating scofflaw motorists and juveniles would appear to offer a perfect test of the idea of letting private corporations try their hand at corrections. Ditto for the idea of contracting with private investigators to locate illegal drivers and serve them with proper notice.
While there seems no end of bad news about juvenile delinquency, there is good news on road safety that might help us put these issues in perspective. From 1982 to 1993, miles driven on Virginia roads increased by 50 percent. But traffic fatalities, when expressed on a miles-driven basis, are substantially less than they've ever been.
This has caused Col. Carl Becker, superintendent of the state police, to propose that his 1,800 troopers spend more time on non-highway offenses. Before going too far afield, perhaps they should team up with DMV to deal promptly with that relatively small percentage of drivers like Stanley Brooks who are piling up truly horrendous records.
\ Ray L. Garland is a Roanoke Times & World-News columnist.
by CNB