August 2004 Newsletter

Volunteers Needed
As we have done for the past several years, MADD Northern Virginia staffed the Designated Driver booths at Vintage Virginia in June. This public service project was made possible by product grants from Oasis Water in Hume, Virginia, and Pepsi-Cola. Here’s a big “Thanks” to our volunteers for their efforts – especially to those who braved the torrential rains on Saturday.

We still need volunteers for the Designated Driver booths at the Virginia Wine Festival on August 21 & 22. If you can help, please call the office at 703-379-1135 to get scheduled.

President’s Letter
“ONE”

No, I’m not referring to the Three Dog Night song I played in “oldies rotation” when I was a Top-40 “Boss Jock” in the 1970’s. But hearing it recently as supermarket background music in Bishop, CA, made me realize that it is indeed the most important number in MADD NOVA.

As a child growing up in a military household, I learned how powerful “one” can be. I would often accompany my father to visit his former comrades at the then- U.S. Soldiers Home in Washington. Many of those whom I got to meet, I can still remember, although some passed away over forty years ago. On more somber occasions, I accompanied him to Arlington National Cemetery when he paid his respects to those with whom he served. Back in those days, anyone could take a car onto Arlington and drive its beautiful grounds. We would drive around and stop at the grave of one of his friends. I asked him once why we only visited one at a time. His response? “When you lose someone you love, you stop counting at one.”

In 2002, 375 persons lost their lives on Virginia’s roads in alcohol-related crashes. We must remember that each life is more than a statistic. They are someone’s spouse, child, parent, sibling, or other relative. They also left behind a greater community of neighbors, friends, co-workers, and others whose lives are also left poorer because of the tragedy of drunk driving.

MADD is internationally recognized as the leading provider of victim services, not just in the U.S., but perhaps also in the world. As we begin “a new year” in MADD, let us re-double our efforts in providing our services to all victims of drunk driving. There are those who feel that we don’t offer services to those in non-traditional relationships, or who aren’t blood relatives, or who are of non-western faiths. We do. Each of us needs to get the word out.

We also need to remember that in 2002, 8,465 persons were injured in alcohol-related crashes. Far too many members of the public think (as I did before my crash) that MADD doesn’t provide victim services to those injured in a DWI crash. We do. Each of us needs to get the word out. And, remember that injuries aren’t always physical. Emotional injuries aren’t uncommon, and neither are “financial injuries”. In any case, for many victims, a DWI crash is often a “first encounter” with the criminal justice system. While not intended to replace one’s legal counsel, MADD’s trained and certified Victim Advocates stand ready to help in any way they can.

Like many community-based charities, MADD NOVA offers many volunteer opportunities. I realize that many of us are busy with career, family, school, or perhaps an active retirement. But, can you volunteer once per year? Or, even once every couple of years? There are events throughout the year that serve to “get the word out” about MADD’s mission; the next “biggies” are: The Virginia Wine Festival (in August) and The Red Ribbon Run (on New Year’s Eve). If you can help with an event on the MADD NOVA calendar, please contact the chapter office. If you are interested in serving your community as a MADD Northern Virginia Chapter Victim Advocate, please contact Jennifer Cipolla at the chapter office.

Forty years ago, I would ride with my father up to Arlington to visit the graves of those with whom he served our country. Today, I drive myself up to Arlington. I only go a couple of times a year. And I now only go to visit one grave. That of my father, whom I lost in 1989 to pancreatic cancer.

John Pinckney

RECENTLY PASSED DUI LEGISLATION
by Jeff Levy
MADD Virginia Public Policy Liaison and MADD Northern Virginia State Organization Representative

Following is a list of the recently passed bills regarding drunk driving that were signed into law by the Governor and a summary of what I believe each law does. These bills are listed in groups based upon MADD Virginia's legislative priorities at the beginning of this year's General Assembly session.

I have been asked several times since the General Assembly session ended whether I agree with the optimistic observation made by others that, upon implementation of the recently passed package of DUI legislation, Virginia will be one of, if not the toughest state in the Union on drunk driving. In response, my answer has routinely been "It depends." For a more complete response to this question, I have written an article for the next MADD Virginia newsletter. I encourage you to read this article and contact me with your comments and suggestions. (If you don’t receive the MADD VA newsletter, please call the office at 703-379-1135.)

Repeat Offenders
HB 1147 Penalty for driving while intoxicated; subsequent offense. Imposes mandatory minimum jail terms of 20 days for conviction of a second offense within five years (formerly five days); 10 days for conviction of a second offense within five to 10 years, (formerly no mandatory minimum); 90 days for conviction of a third offense within 10 years (formerly 10 days); and 6 months for conviction of a third offense within five years (formerly 30 days).

HB 1107 Penalty for driving while intoxicated; subsequent offense. Increases from 30 days to six months the minimum mandatory sentence for conviction of a third offense committed within five years.

SB 384 Enhanced punishment for third DUI, etc. Increases the mandatory minimum sentence for conviction of a second offense within five years from five to 20 days, establishes a mandatory minimum for conviction of a second offense within 10 years to 10 days, conviction of a third offense within 10 years from 60 to 90 days and conviction of a third offense within five years from 30 to 180 days. The blood alcohol level required for additional mandatory minimum penalties is lowered by .05 percent. The bill also extends the seven-day administrative operator's license suspension for a DUI arrest to 60 days when the offender is charged with a second offense, and until trial when charged for a third offense. In addition, the sentence of a person convicted of DUI while driving on a revoked license who has previously been convicted of DUI cannot run concurrently with any other sentence.

HB 1130 Forfeiture of vehicle for third offense. Provides that the Commonwealth may seize and order forfeited the motor vehicle solely owned by a person convicted of a felony DUI. Seizure does not occur until conviction and the exhaustion of all appeals. An immediate family member of the owner of the motor vehicle who was not the driver at the time of the violation may petition the court for the release of the motor vehicle. If he proves by a preponderance of the evidence that his immediate family has only one motor vehicle and will suffer a substantial hardship if that vehicle is seized and forfeited, the court may release the vehicle. In the event the vehicle is sold to a bona fide purchaser subsequent to the arrest but prior to seizure in order to avoid seizure and forfeiture, the Commonwealth will have a right of action against the seller for the proceeds of the sale.

HB 676 Revocation of license for multiple convictions of driving while intoxicated. Clarifies language regarding administrative license revocation for multiple DUI convictions to eliminate an apparent requirement that a "second offense" or "third offense" conviction be proven for the revocation to occur. The intended effect of new wording is to accomplish revocation for multiple "first offenses," i.e., those cases where the Commonwealth was unable to or did not prove that the defendant had a prior offense.. SB 329 DUI; previous offender and breath test refusal. Provides that it is a Class 1 misdemeanor for a person who has been convicted of DUI, and who has been issued, and is subject to the provisions of a restricted permit, to drive with a blood alcohol concentration of 0.02 percent or more. The bill also punishes refusal to submit to a blood alcohol test as a Class 2 misdemeanor if the offender has a prior offense of DUI or refusal within 10 years, and as a Class 1 misdemeanor if the offender has two prior such offenses. Both offenses also carry a three-year license suspension.

SB 442 Admission to bail: DUI. Creates a rebuttable presumption that bail shall be denied to a person arrested for DUI if he has three previous convictions within the past five years for any combination of the following: DUI, DUI manslaughter or DUI maiming. The bill also includes DUI as a reportable offense to the Central Criminal Records Exchange (CCRE) by law-enforcement officers upon arrest. Previously, it was specifically excluded.

HB 889 Presumption against bail; repeat DUI offenders. Provides a rebuttable presumption against bail for a person charged with a DUI-related offense if the person has been convicted of three such offenses within the past five years on different dates and has been at liberty between each conviction. This bill is identical to HB 1132 and an identical provision is in SB 442.

Hi-BAC Offenders
HB 667 Penalties for driving while intoxicated. Reduces the blood alcohol content from 0.20 to 0.15 for purposes of mandatory confinement of five days, (10 days for conviction of a second offense within 10 years), and reduces the blood alcohol content from 0.25 to 0.20 for purposes of mandatory confinement of 10 days, (20 days for conviction of a second offense)

HB 1138 Mandatory ignition interlock. Provides that, in addition to any penalty provided by law for a DUI conviction the court shall, for any offense where an offender's blood alcohol content equals or exceeds 0.15 percent, as a condition of a restricted license or as a condition of license restoration, require an ignition interlock.

Refusal
HB 127 Punishment for refusal to give blood or breath test for DUI. Makes clear that the act of refusal to give a blood or breath test upon arrest for DUI is an offense punishable as a crime. In addition to a one-year license suspension for a first offense, a refusal to submit to a blood alcohol test is a Class 2 misdemeanor if the offender has a prior offense of DUI or refusal within 10 years, and is a Class 1 misdemeanor if the offender has two prior such offenses. Both repeat offenses also carry an additional three-year license suspension.

SB 202 Refusal of DUI breath or blood tests; procedures. Removes the requirement that the magistrate reaffirm to a DUI arrestee his liability for refusal to submit to a preliminary blood or breath test after the arresting officer has already informed the arrestee. The bill also requires that the arresting officer shall inform the DUI arrestee from a form provided by the Office of the Executive Secretary of the Supreme Court and that the arresting officer shall acknowledge on such form that he has read the form to the arrestee.

Other
HB 217 Mandatory minimum fine for a first offense DUI. Provides that there is a mandatory minimum fine of $250 for all first offense DUIs, regardless of the offender's blood alcohol content (BAC).. HB 557 Driving after forfeiture of license for DUI conviction. Clarifies that the penalty provisions in 18.2-270 apply for driving on a suspended or revoked license or in violation of the terms of a restricted license.

HB 594 Reports to be made by local law-enforcement officers to the Central Criminal Records Exchange (CCRE). Includes DUI as a reportable offense to CCRE by law-enforcement officers upon arrest. Previously, DUI was specifically excluded.

HB 664 Arrest for drunk driving. Allows a law-enforcement officer to arrest without a warrant a person who is involved in a motor vehicle accident within three hours of the occurrence of the accident at any location if the officer has probable cause to suspect that the person was driving or operating the motor vehicle while intoxicated. Under previous law, the arrest must have taken place at the scene of the accident or at a hospital or medical facility to which the person had been transported.

HB 786 Procedure for taking blood samples. Adds pvp iodine and povidone iodine as substances that may be used to cleanse the part of the body from which a sample of blood is taken for testing for DUI.

HB 1136 Administrative license revocation. Provides that when a person is arrested or summonsed for a DUI offense, the period of administrative license revocation shall be seven days for a first alleged offense, 60 days or time of trial, whichever occurs first, for a second alleged offense and time of trial for a third or subsequent alleged offense. Under current law, the suspension period is seven days in all cases.

HB 1143 Multiple DUI offenders; Trauma Center Fund. Establishes in the state treasury a special nonreverting fund to be known as the Trauma Center Fund. The Fund shall consist of any moneys paid into it by those who commit a second or subsequent DUI offense and any moneys appropriated by the General Assembly. The Department of Rehabilitative Services is to award and administer grants from the Fund to appropriate trauma centers that routinely provide emergency medical care to victims of automobile accidents.

HB 1137 Reimbursement for costs of responding to emergencies. Provides that failure to satisfy a judgment to a locality for responding to an emergency call necessitated by a DUI, reckless driving, driving without a license, driving on a suspended or revoked license and improperly leaving the scene of an accident or a terrorist hoax results in suspension of the person's driver's license, registration certificates and license plates. ****************************************************************************

Point 08 Now the Law in All 50 States and DC

Wendy J. Hamilton,
National President, Mothers Against Drunk Driving (MADD) had this to say on July 2nd of this year: “At a time when our country is celebrating its independence and the nation often sees the most alcohol-related traffic fatalities of any other holiday, there has been tremendous success on the anti-drunk driving front. Every state has now passed the illegal .08 blood alcohol concentration (BAC) law for drunk driving. This means that approximately 500 lives a year will be saved and more loved ones will be around to join in next year's July Fourth parade.

“So, as the nation reflects on a starry sky full of brightly colored fireworks, sings patriotic songs and shares a special time with family and friends this holiday, we thank the lawmakers and American citizens for their work in seeing that the .08 BAC law was passed nationwide. A dream that began in 2000, is now a reality and everyone is much safer for it.”.

2nd Annual MADD Northern Virginia Golf Classic
On June 8, 2004, the 2nd Annual MADD Northern Virginia Golf Classic was held at the Bull Run Golf Club in Haymarket, Virginia. The course was beautiful, the weather was great, and the event was a spectacular success.

Two very special tournament guests and great favorites of the Washington Area sports scene, former Washington Redskins, Pat Fisher and Ron McDole, joined with other MADD supporters to make this tournament especially memorable. And while the stunning silhouettes of the Blue Ridge Mountains surrounding the Bull Run Golf Club took everyone’s breath away, the most captivating views at the tournament were certainly the three Washington Redskin Hogettes – the lovely Big Mac, the graceful Howie, and the demure Mikey T. Splendidly attired in designer gowns complemented with stunning hats and jewelry, the Hogettes truly made the summer fashion statement.

In addition to great golf, the players were treated to a Bar-B-Que with all the fixins’ from Red Hot & Blue and a spectacular Chocolate Fountain from Party-A-Go-Go. There were also brief remarks by Wendy Hamilton, MADD National President and Chris Konschak, MADD VA State Executive Director.

MADD Northern Virginia extends special recognition to the support and generosity of the Platinum Sponsor of this year’s Golf Classic – Cox Communications. Very special thanks also go to the tournament Gold Sponsors – GEICO Direct, Auto Trader Magazines, TVRG, WJFK, Dulles Golf Center & Sports Park, and WAVA. The many gifts and services donated by these and many other MADD sponsors ensured that the tournament was a great success and that every player left with a bag full of valuable prizes and great memories. .

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MADD’s Number One task is to support the bereaved and injured victims of drunk driving crashes. If you know of someone who has suffered at the hands of a drunk driver, please contact the chapter office at 703-379-1135. There are Victim Advocates available to help.
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YOU CAN HELP SUPPORT THE WORK OF MADD IN NORTHERN VIRGINIA!!
In addition to vehicle donations, financial support for MADD comes from individual cash donations, memorial gifts, and foundation and corporate contributions. Many companies have matching gifts programs. Some companies contribute only to those charities at which their employees volunteer.

If you would like to help us, please call one of the numbers listed below. And remember, we are looking for volunteers to help us at the Virginia Wind Festival on August 21st and 22nd. For vehicle donations information: 703-779-7534

For volunteering or other information: 703-379-1135