Page 10 - Flathead Beacon // 2.19.14

10 | FEBRUARY 19, 2014 NEWS FLATHEADBEACON.COM

Kalispell Legislator ‘Shocked’ at 24/7 DUI Decision

Facts

FIGURES
Lincoln County judge

ruled DUI program

Numbers in the news
unconstitutional last week

3,699
By JUSTIN FRANZ of the Beacon

Breweries permitted in The Montana Highway Patrol captain
and Kalispell lawmaker who sponsored
the United States last the state’s 24/7 Sobriety Program said he
year, about 34 percent is “shocked” that a Lincoln County judge
ruled the 2011 law unconstitutional but is
more than the previous
year, according to the conident the program would withstand
Beer Institute.
the decision as the matter moves to the
state Supreme Court.
On Feb. 5, District Judge James
Wheelis in Libby ruled the 24/7 program,
24,175
which requires people charged with at
least two drunken driving ofenses to take
twice-daily alcohol breath tests as a con-
Signatures needed to
qualify an initiative to dition of pretrial release, was unconstitu-
tional because it amounts to punishment Rep. Steve Lavin addresses fellow members of the House during the 63rd Legislative Assembly in Helena.
ban trapping in Montana before conviction. Montana Attorney BEACON FILE PHOTO
for the November ballot; General Tim Fox appealed the decision,
sending it to the Montana Supreme Court. Montana ranked as the deadliest state ing on three separate occasions. On each
a similar efort failed in Fox’s oice noted that the Wheelis ruling per capita for DUI-related traic fatalities of those dates, Spady was arrested and
2010.
only applies to Lincoln County.
in 2008, according to the state Depart- charged with criminal contempt. Spady

Rep. Steve Lavin of Kalispell, a Mon- ment of Justice. In response to what some appealed the Justice Court charges, argu-
18,649
tana Highway Patrol trooper for more called Montana’s out-of-control “culture ing they were unconstitutional. Wheelis
than two decades, sponsored House of drinking and driving,” the attorney gen- agreed and dismissed the charges, saying
Bill 106 in 2011, expanding the program eral’s oice proposed the Montana 24/7 the fees defendants pay for the testing are
across the state.
Sobriety Program in 2010, with an initial non-refundable if the person is acquitted
Montanans who have “We wanted to try something difer- pilot program in Lewis and Clark County. and amounted to a violation of someone’s
signed up for private ent and dynamic to address the DUI prob- During that test period, 99 percent of the right to due process. Wheelis also said the
health insurance since lem in Montana because what we were do- tests administered came back clean.
law is vague and that the Legislature “has

the online marketplace ing wasn’t working,” Lavin said. “It holds Yet lawyers for a man in Lincoln not placed suicient language within the
was launched last fall.
people accountable and addresses the County argue the program amounts to statute to provide judges, law enforce-
problem instead of just throwing people pretrial punishment. Richard Spady was ment agencies, or the attorney general
in jail.”
arrested on April 20, 2013, and charged with minimal legal guidelines to ensure
Lavin said the program has been wild- with careless driving and driving under indiscriminate and non-arbitrary appli-
51
ly successful and helped many people stay the inluence. At a hearing two days later cation of the law.”
away from alcohol. He pointed out that in Lincoln County Justice Court, a judge The attorney general’s oice dis-
paying for the $2 test twice a day is less ordered Spady to participate in the 24/7 agreed and iled an appeal immediately
Teams from around the
U.S. and Canada that are expensive than drinking.
Sobriety Program. Spady had a previous after Wheelis’ decision.
Lavin said no other judge has found DUI charge in late 2006, which fell outside “Combatting DUI is a priority for At-
registered for the inaugu- the law unconstitutional in either Mon- of the ive-year “look back” period in place torney General Tim Fox, and the 24/7 So-
ral Montana Pond Hockey tana or South Dakota, where the program at the time of Spady’s arrest. Just four briety Program is an efective tool in cur-
Classic on Foys Lake, Feb. originated.
days after that 2013 initial court appear- tailing not only repeat DUI ofenses but
“I was kind of shocked and surprised ance, on April 26, House Bill 355, which other alcohol-related crimes as well,” said
21-23; it’s slated to be the (by the Wheelis ruling) because it’s work- increased the “look back” period from ive John Barnes, director of communications
largest outdoor hockey
ing so well. It’s tested and proven policy,” years to 10 years, went into efect.
for the Department of Justice. “It has
tournament in the West.
he said. “I’m very conident that the law Spady participated in the program been proven to work not only in Montana
will be upheld because it’s working so well through the spring and summer, but but other states as well.”
in Montana and South Dakota.”
he failed to appear or was late for test-
[email protected]

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