Note: A gentleman had a very logical idea to head this legislative section. He suggested we list RI Senators and Representatives with an eye toward easier access were someone interested in contacting them. Consequently, we refer you to www.rilin.state.ri.us That address will bring you to the Seceretary of State's web page wherein you can click on Senate or House and not only receive biographical details about members, but you'll see a picture of them to boot.

In addition, there is also a complete E-mail address list for each member of the House or Senate, which may be your preferred manner of contacting people in these dizzying, technologically challenging times. I don't know about you, but I'm thinking of digging out the Underwood with those big circular letters and numerals.

Media people frequently ask us what was the most gratifying part of the .08 BAC campaign of 2001. We quickly mention that using the victim presence on highway signs and in all media led to public response never seen before by many veteran legislators. That public outcry forced House leadership to do something that it never wanted to do before. It had to agree to some form of .08 law, so it forced a compromise from many leaders of the RI Highway Safety Coalition that led to a civil penalty for a .08 first-offense violation. MADD RI could not agree with that arrangement after eleven years of fighting for a true.08 law, one that would have a strong deterrent effect and would include a drunk driving charge for a first offense.

We knew, however, that the issue would rear again in 2003, the magic year when all states would have to pass a criminal .08 BAC law, or begin losing huge amounts of federal highway construction funds. Furthermore, the amount of lost funds would mount by a greater percentage each year until 2007, when they would be gone forever.

Thankfully, our new  RI Attorney General, Patrick Lynch, saw fit to make .08 criminal a legislative priority soon after he took office.  He called a State House press conference and publically began the process early in 2003.  MADD RI is grateful for his initiative and his full support.

Following that, it didn't take too much arm twisting in the 2003 legislative session before both House and Senate Judiciary Committees and then the full assemblies made the necessary changes to bring Rhode Island into line with the vast majority of states that already have the .08 criminal law.

We can now say criminal .08 BAC is the law in RI.  Governor Carcieri signed the bill at a State House ceemony during the July 4th week.  Attending from MADD RI were Tammy Duxbury, Vice-President and Treasurer, Ex. Dir. Gabrielle Abbate, and Richard Morsilli.  Richard lost his son, Todd, in 1982, and appeared numerous times over the years before House and Senate committees to tell his families stroy in testimony before the lawmakers.   It was a red letter day for all of us that began the fight for .08 some 11 years ago. 

Also this year, the RI Highway Traffic Safety Coalition, of which MADD is a member, pushed for stronger penalties if a driver refuses a breath test when stopped. It's no secret (we wish it were) that the refusal penalties are almost a copy of the Driving While Intoxicated (DWI) sanctions with one glaring exception. The refusal penalties are classified as administrative sanctions and do not include a drunk driving charge on one's driving record. In reality, it's another CIVIL action. Knowing that, who would ever agree to take the test, and you better believe that attorneys tell their clients beforehand never to take the test if they have stopped on suspicion of DWI.  

The Coalition is proposing stiffer penalties so suspected drivers would think twice about refusal especially when they might lose their license for a much longer period than is now the case.

In this year's session, the Coalition is also backed a bill introduced for Attorney General Lynch, that would allow testing of a driver's Blood Alcohol Concentration (BAC) following a death or serious injury even if the driver refuses a test. This initiative follows the outcry from a recent RI Supreme Court decision that said, based on current interpretation of our law, taking such tests after refusal is unconstitutional. The narrow 3 to 2 decision included opinions from the Supreme Court majority that the law should be changed to allow such tests.

In testimony on the above bill, an ACLU representative stated he was personally offended that a person, following a crash causing death or serious injury, could have blood forcefully taken without his or her permission to determine the persons blood alcohol concentration. Dave Russell of MADD RI retorted in his testimony that he was personally offended that a drunk driver could pin an innocent child down with his 4000 pound car and forcefully remove that child's lifeblood without permission.

In 2002, the Senate passed the bill without any problem, but, as usual, it was left to wither in the House Judiciary Committee.  This year, that scenario was repeated, but the .08 bill predominated discussion and the annual budget hassle probably will leave those other proposals to languish.  However, MADD RI and all others concrned with highway safety will return to push once again for stronger deterrents and sanctions.