MONTPELIER — Hundreds of Vermonters calling for tougher drunk-driving laws – many of them friends, family members and classmates of a Swanton teenager killed in an accident almost three years ago – flooded the Statehouse on Tuesday.
The advocates were pushing for a bill that would increase the criminal penalties for repeated drunk drivers, inspired by the November 2007 death of 18-year-old Nick Fournier, who was killed in a car crash with an intoxicated driver.
Wearing blue shirts with the word “Nick” in white lettering, many said they felt frustrated and disappointed in the legislative process because the bill has not come up for a vote. This is their third year advocating for the issue at the Statehouse.
“We feel like they are not listening to us,” said Geoff Domey, a friend of the Fournier family who helped organize the lobbying, known as Nick’s Day. “We’re not going to give up. We’ll come back every year if we have to.”
The man accused of causing the fatal accident, Shawn Burritt, faced his fourth driving while intoxicated charge – this time with a death resulting enhancement attached – for that accident. Police said Burritt was driving down the wrong side of Interstate 89 and crashed his car head-first into a vehicle that Fournier was driving.
Among the changes to Vermont’s DUI law that advocates are seeking are including requiring prison time for a third or subsequent drunk-driving conviction and setting up a mandatory minimum of five years in prison for more than five convictions.
The bill has not moved beyond the House and Senate Judiciary committees, however. Those legislative bodies have jurisdiction over writing Vermont’s criminal statutes.
Rep. William Lippert, D-Hinesburg, chairman of the House Judiciary Committee, was on the House floor for most of Tuesday as lawmakers grappled with a major judicial restructuring bill and was unavailable for comment. In the past he has said DUI reform is a complicated issue and it would take extensive committee time to review.
Sen. Richard Sears, D-Bennington, chairman of the Senate Judiciary Committee, said there was a chance that the DUI bill could be added to the Legislature’s bill on interlock driving systems for repeated drunk driving offenders.
“I expect that Rep. Lippert will look at this issue carefully,” Sears said.
One lawmaker the advocates do have in their corner is Rep. Brian Savage, R-Swanton. A freshman legislator, Savage took over the House seat of retired Rep. Kathy Lavoie, R-Swanton, several years ago. Passage of this bill was Lavoie’s goal, he said, and now it is his goal, too.
“This bill will pass,” Savage said. “I don’t care if it takes a lifetime to do it.”
During a late morning rally at the Statehouse, the advocates for tougher DUI laws were visibly upset at the lack of traction on the issue.
One man said “dirty politics” were the reason; another complained that other tougher criminal penalties based on Vermont tragedies — such as tougher penalties for sex offenders after the 2008 murder of 12-year-old Brooke Bennett — saw quick legislative approval.
“I can’t even fathom why this is not a priority,” said one woman. “After three years, we should see some movement forward.”
Rep. Michel Consejo, D-Sheldon Springs, urged the supporters not to give up hope. Issues such as a ban on texting while driving and the Brooke Bennett law moved through the process swiftly because there was strong and consistent support for these changes from Vermonters.
He said voters should consider where lawmakers and candidates stand on this issue before voting in the elections this November.
“It comes from the bottom up,” Consejo said. “The reason the bills went so fast is that there was a lot of pressure from the public.”
One lawmaker who supports the bill, Rep. Peter Perley, R-Enosburg, was charged with drunken driving and resisting arrest. He was arrested March 15 in Franklin County, according to news reports.
Savage said Franklin County has one of the highest DUI rates in the state, with 56 cases so far in this first three months of 2010.
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