Six years after Melanie’s Law was passed to get repeat drunk drivers off Massachusetts’ roads, the Senate Republican Caucus is calling for legislative oversight hearings to review the state’s OUI laws following recent media reports of repeat offenders being granted lenient sentences.
In a letter hand-delivered to the co-chairs of the Joint Committee on the Judiciary yesterday, Senate Minority Leader Bruce Tarr (R-Gloucester), Assistant Senate Minority Leader Robert Hedlund (R-Weymouth), Senator Michael Knapik (R-Westfield) and Senate Minority Whip Richard Ross (R-Wrentham) asked that one or more oversight hearings be convened “to examine the adequacy of the state’s laws dealing with driving while under the influence of intoxicating substances.” While acknowledging the improvements that have been made since the 2005 passage of tougher state drunk driving laws, they noted that “we must not ignore the persistence of that threat as motorists evade punishment and continually disregard our established legal framework.”
“We believe that in light of the most recent litany of repeat drunk drivers taking to the wheel in flagrant disregard of the law and the public welfare, along with the astonishing level of leniency that trial judges are showing to those charged with driving while under the influence, that oversight hearings are necessary,” the Caucus wrote to Senator Cynthia Stone Creem (D-Newton) and Representative Eugene L. O’Flaherty (D-Chelsea). “The objective of these hearings should not be to place blame or cast aspersions, but rather to further develop and strengthen a comprehensive legal framework that improves our approach in dealing with this difficult issue.”
In their letter, the Caucus cites several recent examples of some of the most blatant repeat offenders, including:
• Patrick Henry of Franklin, who was arraigned on November 28th on charges of driving while under the influence of alcohol, the 11th such time he was arrested for this offense;
• Albert Diaz of East Boston, who was arrested on November 23rd and charged with drunk driving for the 8th time, and whose license was revoked in 2004; and
• Howard Stockbridge of Taunton, who was arrested on November 7th for operating under the influence after five prior charges and for driving without a license, which had been suspended in 2008 for 10 years.
Last year, the National Transportation Safety Board singled out Massachusetts as one of ten states doing the least to combat repeat drunken driving offenses. Earlier this month, a Spotlight Team investigation by the Boston Globe found that more than 80 percent of drunk driving defendants in Massachusetts who go before a judge rather than a jury are acquitted of the charges.
“Our failure to keep repeat drunk drivers off the road is being exacerbated by the judiciary’s reluctance to convict those who are charged with the crime of driving while under the influence,” the Caucus noted. “We certainly believe strongly that every criminal defendant is entitled to their day in court and the assumption of innocence until proven guilty beyond a reasonable doubt. An acquittal rate of 80 per cent for bench trials of those accused with driving while under the influence, however, is cause for deep and persistent concern, especially in light of the conviction rate in other states. Unfortunately, this leniency puts Massachusetts in the unenviable position of earning recognition for such a lenient rate, and more seriously, puts the public at a greater risk of danger.”
Attached below is a copy of the Senate Republican Caucus’ letter to the Judiciary Committee co-chairs.
Senate GOP Caucus OUI Oversight Letter to Judiciary Committee
