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Jami's blog: "Jami's Shit"

created on 12/29/2006  |  http://fubar.com/jami-s-shit/b38855  |  2 followers
Bill H.R. 1817 105th CONGRESS 1st Session To establish tougher penalties for driving while intoxicated laws In the House of Representatives May 19, 2006 A Bill To establish tougher penalties for driving while intoxicated. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Section 1. This act may be cited as “Restructuring Virginia’s driving while impaired laws”. Section 2. Findings and Purpose (a) Findings- The Congress finds the following: (1) In the Commonwealth of Virginia the following is the current law of DUI; § 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc. It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v)1. For the purposes of this article, the term "motor vehicle" includes mopeds, while operated on the public highways of this Commonwealth. (1)Facts show that a person dies in the United State every ½ hour due to drinking and driving2. (2)Fact: A total of 16,694 alcohol-related fatalities were recorded in 2004. That's one death nearly every ½ hour in this country at the hands of someone who was drinking and driving. (3) Fact: Approximately 275,000 persons are injured or disfigured yearly by alcohol-impaired drivers. One third of these are children Section 3: Funding for “Restructuring Virginia’s driving while impaired laws”. Section 3.1 Funding and Consequences (1) Imposing a liquor license fee of $20,000 for any establishment selling any type of alcoholic beverage. If they cannot pay then they will be closed down entirely until they pay. (2) Raise the actual price of liquor, not as a money to the establishment but money considered a “luxury tax” of 20%, this would directly go to police establishments and funding of this bill (50/50). (3) They next is a proactive stance, you should have a coin operated or portable breathalyzer in any and all establishments that sell alcohol and it should be mandatory for all patrons whom have over 2 drinks and if it is over the limit (.08), then accommodations should be made for driving, such as proof of a sober driver (meaning potential sober driver signing a waiver taking all responsibility for the person in question). If no sober driver then a courtesy cab (paid for by bar and called by bar (cab companies may give discount for the extra business). (4) All bartenders/servers must be held responsible for the patrons; cutting them off from the alcohol and They next is a proactive stance, you should have a coin operated or portable breathalyzer in any and all establishments that sell alcohol and it should be mandatory for all patrons whom have over 2 drinks and if it is over the limit (.08), then accommodations should be made for driving, such as proof of a sober driver (meaning potential sober driver signing a waiver taking all responsibility for the person in question). If no sober driver then a courtesy cab (paid for by bar and called by bar (cab companies may give discount for the extra business). (5) If requirements are not met bartender is held liable for any and all injuries, and accidents occurring from dui. (6) First offense DUI: 2 years minimum if blood alcohol level is .08 to .10, loss of license for mandatory period of 2 years. Community service completed for 1 year the jail time can be reduced to 1 year. If blood alcohol is .11 to .20 then a mandatory ignition interlock system in car with gps tracking. If car is sold then you must have this installed in new car before you can drive it. If it is over .18 then no community service, you must complete entire 2 years of jail. It will be raised from a class 1 misdemeanor to Felony class 6. (7) Second offense through fourth offense thereafter will be subject to 5 years minimum if blood alcohol level is .08 to .10, loss of license for mandatory period of 2 years. Community service completed for 1 year the jail time can be reduced to 4 year. If blood alcohol is .11 to .20 then a mandatory ignition interlock system in car with gps tracking. If car is sold then you must have this installed in new car before you can drive it. If it is over .18 then no community service, you must complete entire 5 years of jail. It will be raised from a class 1 misdemeanor to Felony class 4 (8) Fifth offense and beyond mandatory 25 years in prison. Felony Class 1 (9) If injury or death occurs while under the influence and driving then for injury it will be willing and not voluntary pleadings and a felony of premeditated to incur bodily injury with intent to murder. If death is the outcome offense will be Murder 1 not involuntary manslaughter.
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