Wyss: Fatal Crash Involving Habitual Drunk Driver Prompts Bill on Tighter Monitoring of Offenders

STATEHOUSE  - A fatal Allen County crash involving a former habitual traffic offender in late November inspired legislation filed this week by State Sen. Tom Wyss (R-Fort Wayne).

Wyss' bill aims to strengthen Indiana's Habitual Traffic Offender Law by putting in writing a judge's authority to enforce a zero tolerance policy for former violators who receive the ability to drive again. Under Wyss' bill judges would require one or more monitoring methods of former offenders during a three-year probationary period:

• An ignition interlock device that requires a vehicle operator to blow into a handheld alcohol sensor unit that is attached to the dashboard. The car cannot be started if a blood alcohol content is above a preset level;
• A chemical drug or alcohol test the violator must submit to any time a law enforcement officer stops them; or
• A personal monitoring device the offender must wear to detect and record their drug or alcohol content during the hours they are permitted to drive. Wyss' bill also gives judges the authority to specify and limit hours offenders are allowed to drive.

Wyss said he crafted the bill after a drunken driver - with a history of similar offenses - ran a stop sign and crashed into an SUV killing an Ohio woman and injuring her 14-year-old daughter. His blood alcohol content at the time was nearly five times the legal limit, according to police. The incident happened in late November 2009 near State Road 101 and Dawkins Road.

In 1989, the offender was involved in a hit-and-run crash while intoxicated. In 2001, he was pulled over for drunken driving. Records showed his blood alcohol content was .43 percent.

"Repeat offenders who complete their probationary period and appeal to receive a driver's license would continue to be monitored and face additional requirements," Wyss said. "I hope this legislation will help protect innocent motorists and prevent tragic fatalities like the one in Allen County at Thanksgiving time."

Indiana law defines a habitual traffic offender as a person who has - within a 10-year period - either committed two major offenses which resulted in injury or death or committed three offenses such as driving with a blood alcohol content of more than .08 percent or speeding.

According to the Bureau of Motor Vehicles, from 2005 to 2008 about 2,450 drivers' licenses were suspended for being habitual traffic offenders.

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