EYE ON OLYMPIA: State lawmakers pass bills to toughen DUI laws

PORT ANGELES — Mitzi Sanders knows all too well about the enormous grief caused by losing a loved one to a drunken driver.

Her son, Benjamin Merscher, was killed in October 2008 in a wreck on U.S. Highway 101 caused by an intoxicated driver.

But the Sequim resident said she finds encouragement by legislation being considered in Olympia that she hopes will help keep others from going through the same tragedy.

The House on Feb. 13 passed six bills, three of which were co-sponsored by North Olympic Peninsula Reps. Steve Tharinger and Kevin Van De Wege, aimed at toughening the state’s DUI laws.

They will be considered by the Senate next.

“It’s really time to put some teeth into our DUI laws,” Sanders said.

“It’s too late for my son, but they [Van De Wege and Tharinger] are pushing to protect people and loved ones and make our roads safer,” she added.

The wreck that killed Merscher, 25, occurred west of Kitchen-Dick Road between Port Angeles and Sequim. The driver of the other vehicle, Engre L. Brown, had a blood-alcohol level of 0.18.

Brown was sentenced to 12 years in prison in 2009 for vehicular homicide.

The bills co-sponsored by the two Sequim Democrats would toughen existing laws by making the penalty for vehicular homicide while driving drunk equal to manslaughter, increasing financial penalties for offense when a child younger than 16 is in the vehicle, increasing the amount of time an ignition interlock device must be installed from 60 days to six months and allowing courts to order drivers who kill a parent to pay child support.

Other legislation approved by the House would prohibit drunk drivers who kill or harm others from using statue of limitations to avoid making court-ordered payments to victims, adds cameras to ignition interlock devices, and increases minimum jail time from one day to three days for first-time DUI offenses.

“No laws can ever bring back a loved one who has been killed by someone driving under the influence,” Van De Wege said in a written statement. “But these overdue reforms will help save other lives, and we’re putting those who choose to drinking and drive on notice that our state will not go easy on them.”

Merscher wasn’t the only person to be killed by a drunk driver in recent years on the North Olympic Peninsula.

Scott Franklin, 50, of Sequim, was killed last April when Gene S. Mensik hit him on a Sequim sidewalk. Mensik had a blood-alcohol level of 0.147 percent.

He was sentenced to 50 months in prison in July.

Shelly M. Bartlett, 45, of Sequim was killed in August 2009. She was a passenger on a motorcycle that crashed with a Ford Expedition on Dry Creek Road.

The motorcycle driver, Roger D. Mallicott, and the driver of the Expedition, Lovera M. Blackcrow, both had blood-alcohol levels exceeding the legal level, police said.

Blackcrow was sentenced to 216 hours of community service for driving under the influence. The case against Mallicott was dropped. Prosecutors said they weren’t certain they could prove that Mallicott caused Bartlett’s death.

Darrell E. Campbell, 49, of Ahousat, B.C., died in an Aug. 25 wreck on state Highway 112. Steven W. Boyd, the driver of the other vehicle, was allegedly drunk and has been charged with vehicular homicide and two counts of vehicular assault.

Ellen J. Debondt, 44, of Crescent Beach was killed in a March 2011 wreck on state Highway 112. Amber Steim, the other driver, was allegedly drunk and is charged with vehicular homicide and witness tampering.

Van De Wege and Tharinger share the 24th District with Sen. Jim Hargrove, D-Hoquiam, who was recently named chair of the Caseload Forecast Council. The district includes the Peninsula and a portion of Grays Harbor County.

Here are some other bills approved by the House and Senate last week:

■   Senate Bill 6852, to allow Transportation Benefit Districts to impose vehicle fees up to $40 or a motor vehicle excise tax of up to 1 percent of the value of a vehicle without voter approval.

The Senate passed the bill 25-24; Hargrove voted yes.

■   SB 6498, to require write-in candidates to file at least 18 days before an election.

The Senate passed the bill 27-21; Hargrove voted yes.

■   SB 6477, to allow spirit sampling in eligible former contract liquor stores, allow day spas to offer complimentary beer or wine, and require a new retail liquor license for nonprofit organizations that primarily provide services to seniors.

The Senate passed the bill 34-13; Hargrove voted no.

■   SB 6455, to increase certain vehicle-related fees, including license plates.

The Senate passed the bill 31-18; Hargrove voted yes.

■   Senate Joint Resolution 8222, to require four-year balanced budgets.

The Senate passed the bill 36-12; Hargrove voted yes.

■   House Bill 2607, to require a six-year budget outlook tied to existing revenues.

The House passed the bill 97-1; Van De Wege and Tharinger voted yes.

■   HB 2501, to extend the prohibition on mandatory overtime to certain health care workers.

The House passed the bill 57-41; Van De Wege voted no and Tharinger voted yes.

_______

Reporter Tom Callis can be reached at 360-417-3532 or at tom.callis@peninsuladailynews.com.

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