AUGUSTA – A proposal to curb drivers under suspension received general support Monday, but fine points of the so-called “Tina’s Law” drew enough questions and critiques to suggest it is not a slam dunk for passage in its present form.
Prosecutors and civil libertarians voiced uneasiness with mandatory minimum sentences included in the bill, and others questioned how to implement a provision to impound vehicles of offenders.
“I’ve learned there are a lot of unintended consequences to things we pass,” said Rep. Gary Plummer, a member of the Criminal Justice and Public Safety Committee.
While stressing his support for the thrust of the bill, the Windham Republican raised questions about the potential cost of lengthening jail sentences for offenders.
With Monday’s testimony, it appeared likely that the bill will face extensive review before it makes it to the full Legislature. Several amendments have already been submitted, said the sponsor, Rep. Darlene Curley, R-Scarborough.
The legislation is named in memory of Tina Turcotte of Scarborough, who was killed when her car was rear-ended on the Maine Turnpike by a truck driven by a man with a lengthy record of suspensions and convictions. The trucker, Scott Hewitt, faces manslaughter and several other charges in connection with the July 29 accident.
Several of those at Monday’s hearing expressed outrage that anyone with nearly two dozen suspensions could still be driving. “We have a broken system,” said Sen. Bill Diamond, D-Windham, a cosponsor of the bill and committee co-chair.
Turcotte’s mother, Pat LaNigra, urged the committee to work out kinks in the bill so no family will have to experience the pain hers has.
“How many of you have lost a family member because of a car or truck accident that could have been avoided?” the Scarborough resident asked the committee.
While testifying in favor, the state district attorneys’ association questioned whether the bill gets at the root problem of dangerous drivers. The group noted that in at least one case, multiple suspensions were all due to non-driving offenses such as failure to pay fines.
The secretary of state’s office, which oversees motor vehicle administration, says the largest single category of license suspension is for failure to pay a fine. Another large category includes people who fail to maintain evidence of insurance when required to do so.
Testimony submitted to the committee illustrated how suspensions can be added on due to administrative quirks rather than driving offenses. It told of an East Waterboro man who was stopped and found that his license had been revoked for medical reasons. Unaware of the revocation, the man was arrested for driving without a license.
It turned out that because the name of the road where the man lives had been changed, he never received notification from the state about how to get his license reauthorized. The man is now clearing his name through the court system, said his state senator, Jonathan Courtney, R-Springvale.
Geoff Rushlau, district attorney for Knox, Waldo, Sagadahoc and Lincoln counties, also expressed unease with the mandatory minimum sentences, and said higher maximums might be a better option because they give judges more discretion.
The Maine Civil Liberties Union shares the view that mandatory sentences “should be used sparingly,” the group’s Richard Thompson told the committee. The MCLU, which also has concerns over imprecise language that could unjustly penalize some offenders, opposed the bill.
The Maine County Commissioners Association’s Robert Howe, also warning against creating unintended problems, suggested that the committee consider alternatives to added jail time before it increases penalties.
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