Bill could turn up the heat on drunk drivers

Posted 1/22/09

But Russell Schaller of Corrales, N.M., whose sister was killed by a drunken driver, said more is needed to protect Wyoming citizens.

“It's in the right direction,” but more deterrents are needed, he said.

Shaller's sister, Carol …

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Bill could turn up the heat on drunk drivers

Posted

If passed, House Bill 115 could give the courts more teeth when punishing drunk drivers. The bill is tentatively scheduled to be heard before the House Judiciary Committee today (Thursday).

But Russell Schaller of Corrales, N.M., whose sister was killed by a drunken driver, said more is needed to protect Wyoming citizens.

“It's in the right direction,” but more deterrents are needed, he said.

Shaller's sister, Carol Munkberg, her husband, John, and three other people died in a head-on crash caused by drunk driver, Randall LaBrie, west of Greybull nearly a year ago.

“My sister and brother did not deserve to be killed,” Schaller said.

Big Horn County Attorney Georgia Antley Hunt was in contact with the Munkberg's family last year.

“We're way too lenient on DUI offenses,” Hunt said.

If HB 115 passes, a third or fourth drunken driving conviction within seven years, or a fifth conviction within the individual's lifetime, would be classified as a felony and could result in up to 10 years in prison and a fine of $10,000.

A second offense within five years carries a jail sentence of not less than 60 days and a fine of $1,000.

Second-time offenders within five years could get their sentences reduced to 14 days if they entered alcohol- or substance-abuse programs approved by the court.

Reducing jail time is an effort to encourage those convicted to seek treatment, said Rep. Erin Mercer, R-Gillette.

Coercing a second time offender to undertake treatment might have prevented the deaths west of Greybull.

Carol Munkberg's son, Paul Baessler, of Windermere, Fla., said based on information he gleaned from a police report, the Big Horn County attorney and the coroner, LaBrie, at the time of the accident, was driving on a suspended license and had previous DUIs.

“He (LaBrie) had a very big reputation for drinking and driving,” Baessler said.

Mercer also is looking at possible amendments to the bill to require an ignition interlock device that forces drivers to undergo built-in breathalyzer tests in their vehicles. If a breathalyzer detects alcohol, the vehicle will not start.

Rep. Keith Gingery, R-Jackson, is sponsoring another DUI bill, House Bill 141, which, among other items, would make failure to submit to alcohol testing a crime. The bill would require the interlock system under specific mandated conditions.

“I'm pretty happy this is proceeding,” Schaller said of the bills.

Baessler pushed for DUI legislation last year. When the bill was killed, he sent positive and negative responses he received from all Wyoming senators and representatives to Wyoming newspapers and the Billings Gazette.

This year, with the Wyoming Legislature gearing up, Baessler contacted each member again. He said he received a lot of support from the House this year.

Schaller said the man who killed his sister and brother-in-law purchased drinks in bars, and employees in those establishments knew he was intoxicated.

Schaller said he believes a bill should be introduced that holds tavern or liquor store owners responsible if they serve intoxicated drivers. They are in New Mexico, he said.

“The onerous, I feel, should at least be shared by the server,” Schaller said.

Still, toughening drunken-driver laws is a step in the right direction, and Schaller said voters should step up to the plate too. State representatives or senators are supposed to vote according to their constituents' wishes, Schaller said.

“Your legislator does not know how to vote unless you tell them,” he said.

Schaller said if citizens don't push for tougher drunk driving laws, they are, in essence, saying they are willing to sacrifice their lives to random death by drunk drivers.

For Schaller, it was heartbreaking to receive the news of his sister's and brother-in-law's violent deaths.

Baessler said new bills clamping down on drunken drivers will never provide him complete closure after his mother's senseless death, but at least her death would not be completely in vain.

“At least it served a purpose to at least help it from happening again,” Baessler said.

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