[StBernard] Bill some say could keep habitual traffic offenders on road longer worries lawmakers

[Westley Annis]

Bill some say could keep habitual traffic offenders on road longer worries
lawmakers

Print Emily Lane, NOLA.com | The Times-Picayune By Emily Lane, NOLA.com |
The Times-Picayune 
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on March 17, 2014 at 12:48 PM, updated March 17, 2014 at 3:43 PM

At a Glance: A bill that would change the way habitual traffic offenders
receive notification that their license could be revoked from an in-person
notification to certified mail was voluntarily deferred after members of the
House Committee on Transportation, Highways and Public Works Committee
recommended the sponsor of the bill do so.

The bill: House Bill 960 -- sponsored by Rep. Ray Garofalo, R-Chalmette --
would allow for habitual traffic offenders, a status designated to those
with either three serious moving violations -- (a combination of DWIs or
vehicular homicide, for example) -- or 10 moving violations of any kind --
(a combination of offenses, to include speeding tickets) -- to be notified
by certified mail about a right to request a hearing revoking their driver's
license. The current law requires a Department of Public Safety police
officer or Louisiana State Police trooper personally serve the notice.

The debate: The DPS, which is pushing for the bill under Garofalo's name,
says the legislation would make the habitual offender notification process
more efficient by reducing manpower and cost required to give notice in
person. Too, the process would be more in line with the manner in which
other types of notification are issued and are in compliance with the law.
Some committee members worried an alleged offender could dodge the postal
worker or claim they never received the notice, since a return receipt
allows anyone else at the residence to sign for it. Rep. Terry Landry, D-New
Iberia recommended after much debate that Garofalo bring the bill back the
bill, to which Garofalo agreed.

The vote: Garofalo temporarily delayed a vote on the bill in order to work
out a compromise before potentially bringing it back to the House
transportation committee.

The voice: "I don't want anyone to have an excuse to get another DWI
and...hit me," Rep. Brown, D-Pigeon, said, "I want them off the road."

Lagniappe: Louisiana State Police Capt. Jason Starnes, testifying in support
of the bill, said there are currently approximately 180 habitual offenders
in Louisiana and 250 state troopers.

Bottom line: If Garofalo resurrects the bill and it passes into law,
habitual traffic offenders, such as those with three DWI's on their record
within five years, would have a greater opportunity to delay, either
intentionally or unintentionally, the due process required to revoke their
license, but legislation would relieve troopers from serving notice in order
to perform other duties.