BEYOND ‘TINA’S LAW’

When something horrible happens, folk wisdom comes forward with two directives: “Don’t just stand there – do something” and “There ought to be a law.”

So it is completely understandable that Sen. Bill Diamond, D-Windham, and Rep. Darlene Curley, R-Scarborough, quickly proposed tough new penalties on dangerous drivers in the midst of the outrage over Tina Turcotte’s death when a trucker with a traffic record of 63 convictions and 22 license suspensions rear-ended her car. And no one should blame her husband and parents for demanding immediate action to keep suspended drivers off the road.

The proposed law is aimed directly at drivers operating after suspension who are responsible for an accident resulting in injury or death. It would provide for prosecution as a felony. Whether or not an accident was involved, a driver operating after suspension would face prison time of six months to five years, license revocation of one to 10 years, and fines of $1,000 to $5,000 or more, depending on the number of license suspensions.

Maine’s commissioner of public safety, Michael P. Cantara, a veteran prosecutor who served 12 years as the York County district attorney, understands the family’s anguish and sympathizes with their demand. But he notes that the proposed “Tina’s Law” bears some resemblance to reforms being drafted by Gov. Baldacci’s new working group on “perpetual violators in Maine.”

A preliminary report on Aug. 29 by the working group says it seeks “meaningful change that is well-considered and likely to be effective.” It suggests “options for action” including permanent revocation in certain cases and evaluation of “fiscal and operational impact of any proposed increases in jail time or increases in the volume of criminal violations.”

As Commissioner Cantara puts it, the goal is to reduce risks to motorists, hold offenders accountable, and strike a balance between efficiency and cost effectiveness that doesn’t bankrupt the state.

A Portland lawyer with long experience as a defense attorney, Neale Duffett, questions whether Tina’s law takes into account the fact that Maine is a rural state with little public transportation. He notes that residents must drive to get to work and do their shopping. Thus, regardless of license suspensions, they will continue to drive from necessity. He says that many operating-after-suspension records reflect only minor infractions. He suggests, too, that license suspensions are overused, adding that speed, alcohol and inattention are what really kill other drivers.

While some measures such as increased financial penalties and improved coordination between the secretary of state and law-enforcement personnel may be supporting, a high-level sentencing commission, of which Mr. Duffett is a member, recommended in January 2004 a moratorium on enhancement to any of Maine’s sentencing laws until actions to alleviate prison overcrowding could take effect. In June 2005, the commission commended the Legislature “for the restraint shown in this regard in the past session” and asked that it continue this restraint in future sessions.

Weeding out Maine’s dangerous drivers is a complex and possibly costly enterprise. It seems to be going forward in sensible fashion. The advocates of “Tina’s law” would do well to lend their support to effective and affordable legislative action.