DUI 3 strike bill defeated

[Mink]

This is an outrage! If you break the law, pay the consequence!

[Mink]

The sad part is offenders will keep breaking laws. You take their keys, they get another car or steal one. They don't need the help of politicians, but when politicians side with offenders, we need to question, speak up and demand action!!

[subdjoe]

Have any of you actually read the text of it, as amended? It isn't quite what is being touted in the PD.

In general, I distrust any legislation that relies on a cutesey name "Megans Law" "Melodies Law" "Agneses Law" "Brunhildas Law" (notice that they never name these things after guys? And the girls names are always ones that evoke fluffyunicornmountainclouds and rhubarb cotton candy) "USA PATRIOT Act" etc. Usually means that they are based on emotion and a feel-good need to Do Something. Usually right away without due consideration to what is actually being written into law, and in what ways the Law of Unintended Consequences might rear its ugly head and bite us in the ass.

AB 1443

Lets look at a few points in it:

SEC. 3. Section 23595 is
added to the Vehicle Code, to read:
23595. (a) Notwithstanding Sections 13202.5, 13203, and 13352,
upon receipt of an abstract of the record of a court showing a person
has been convicted of a violation of Section 23152 or 23153, if the
department determines that it is the person's third or more
conviction for a violation of Section 23152 or 23153, the department
shall permanently revoke the person's license.
(b) Except as provided in subdivision (4), a person whose license
was permanently revoked by the department pursuant to this section
may petition the court for the reinstatement of his or her driving
privilege after a period of five years from the date of his or her
last conviction if he or she does all of the following:
(1) Successfully passes the written test for the license
classification.
(2) Successfully passes the driving test for the license
classification.
(3) Successfully completes an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code, as described in subdivision (b) of Section 23568 or, if
available in the county of the person's residence or employment, a
30-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, or a program specified
in Section 8001 of the Penal Code.
(c) When determining whether to order the department to reinstate
the person's license, the court shall consider all of the following:
(1) The degree of bodily injury caused by the person's previous
violations that resulted in a conviction.
(2) The period of time that has elapsed since the person's
previous convictions.
(3) The person's blood-alcohol level at the time of each
violation.
(4) The person's past and future participation in an alcohol
treatment program in an effort to rehabilitate himself or herself.
(5) The person's overall risk to traffic or public safety.
(d) Upon receipt of a duly certified abstract of the record of the
court showing that the court has ordered reinstatement of a driver's
license pursuant to this section, the department shall reinstate the
person's driver's license.

Wow, not so permanent as it was made to sound, is it?

And then this -

(g) A person whose driver's license is permanently revoked by the
department pursuant this section shall be prohibited from registering
a vehicle in this state.

Registering and driving are two different things. Why can't a person register a car and have others drive him around? I know a few people who don't drive, but keep a car with up to date registration. They may have to rely on others to drive, but they can provide the vehicle. And they are free with allowing friends who drive, but can't afford to keep a car, borrow the wheels.

So, on several points this is a piece of bad legislation. I say, Good job on shooting it down. Go back and try again. And this time use some reason and logic, not emotion.

[The Big Dog]

Driver's license permanently revoked? So what.... next time you are driving on the freeway look around and let it sink in that out of probably every seven or so cars you see, one of them is being driven by someone who is either suspended or revoked.

And, according to the extract above, a permanent revocation equals five years.

So what will be the penalty for driving while permanently revoked? Currently driving suspended or revoked is a misdemeanor punishable by a fine running anywhere from $300 to $2000 and / or county time for a minimum of 10 days to a maximum of one year.

Now knowing that our jails are full of felons and misdemeanor sentences are often waived off or knocked down to time served on a booking (if there actually is a booking)... just how is the punishment for the supposed lifetime revocation going to be any more of an attention getter?

This is just more asshat legislation to make the political elite in Excremento feel like they are doing something positive.