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Thursday, December 31 2009

Tougher DUI penalties proposed

The Daily Journal

By Bill Silverfarb

A state lawmaker is taking a tough stance against drunken drivers and will introduce legislation next week that will give judges the ability to permanently revoke a driver’s license after three offenses.

Assemblyman Jerry Hill, D-San Mateo, wants to repeal the arbitrary 10-year look back period state law requires the Department of Motor Vehicles to use on repeat offenders who are caught driving under the influence. Currently, a DUI more than 10 years old cannot be counted against a repeat offender. Under Hill’s proposal, an offender with three DUIs may lose their license forever, depending on the judge’s discretion.

Hill made his announcement at a press conference in South San Francisco yesterday flanked by law enforcement leaders from throughout the county and District Attorney Jim Fox.

Hill was inspired by who he calls the “poster child” of drunken drivers, William Scott Simon, a Belmont resident who was sent to prison last month after racking up his eighth DUI.

Simon had his license suspended four years after being caught driving drunk for a seventh time back in 2004. Simon got his eighth DUI for an incident back in January when he drove the wrong way into a parking lot at a shopping center on De Anza Boulevard in San Mateo, ignoring a “do not enter” sign.

Simon drove over several marked parking stalls and parked his car crookedly in a spot before walking into a Starbucks coffee shop, where two California Highway Patrol officers had observed his bad driving.

A breath test showed his blood-alcohol level was .22 percent, almost three times the .08 percent level that constitutes drunken driving.

A third of DUI arrests are repeat offenders, according to the National Highway Traffic Study Administration, and more than 300,000 Californians have three or more DUI arrests, Hill said.

“It is time to correct the flaw in state law,” Fox said, adding that Hill’s bill will receive broad support from prosecutors from throughout the state.

Hill aims to prevent those with serious drinking problems from being able to drive.

“Even if someone gets a third DUI they clearly have a problem even if the first one was more than 10 years ago,” Hill said. “Even if someone fulfills court requirements doesn’t mean a problem does not exist.”

More than 44,000 people in California have been busted for drunken driving five or more times, according to the NHTSA.

Bill Silverfarb can be reached by e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by phone: (650) 344-5200 ext. 106.

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