Page 6 University Daily Kansan, July 22, 1982
Kansas strengthens DWI law
By ERIC McGONIGLE Staff Reporter
The student was on his way home from a party when he noticed flashing red lights in his rearview mirror. He pulled over to the curb and stopped. After a series of questioning him, the teacher hung him was under arrest for driving while intoxicated*
On July 1, a new Kansas law increased the penalties for driving while intoxicated. The new law has increased fines and jail terms and has removed the possibility of having the charge re-trialed DWI or lesser charge such as reckless driving.
FOR THE FIRST OFFENSE, the subject may be sentenced to a jail term of a minimum of 48 hours (or 100 hours if there are more than six months of six months in jail. A fine of $200 to $500 is imposed and the offender's driver's license is restricted for three months to one year. The offender must comply with any drug safety education program.
Penalties are more severe for the second-time offender. Jail sentences range from 90 days to one year, and fines range from $500 to $1,000. The sentence may be reduced if the offender will complete an alcohol or drug abuse treatment program. The offender's lifetime penalty is based on the treatment program is completed. Costs of the treatment are paid by the defendant.
IF THE ARREST is made within Lawrence city limits, the offender will be charged with operating under the influence. The charge is identical to the DWI charge, which applies to the rest of the state.
Provisions of the charge extend beyond operation of a motor vehicle.
"You don't have to be driving to be charged with OUI," said Sgt. Ron Dalquest of the Lawrence Police Department. He said that an individual did not even have to be in the vehicle to be charged with the felony offense.
"If you've been involved in an accident or just hit a mailbox, you can be charged with OU1 as long as you are near and have access to the vehicle."
Dalquest said that an officer didn't have to see the person driving the vehicle in order to charge him.
DRIVING ON PRIVATE property while intoxicated is not a defense for the charge. Dalquest said.
Dalquest also said that prescription drugs were not a defense for OUI.
"The doctor is supposed to inform the patient if the prescription will alter the ability to drive," he said.
Dalquestar said that a white male, 27-years-old, married, with two children, was the most common description of someone charged with OUI in Law.
"We do have some college students but not that many," he said.
HE ATTRIBUTED the low arrest record for college-aged people to the buddy system, where one person relied on him enough to drive his friends home.
Dalquest said that one OU1哭 was made for every 32 cars stopped in the car parking lot, where he helped the center of the road "we realize the driver may only be tired," he said.
"We don't try to bump-rap people.
"It's very hard to guess the amount of drinks someone has had.
When a suspect's car is stopped, the driver is given a field sobriety test to measure the effects of the alcohol on coordination. For example, the driver may be asked to walk in a straight line, or walk heel-to-toe.
If a suspect appears to be drunk, he is asked to submit to an alcohol breath test. Retufal to take the test leads to a medical license for the driver's license for four months.
Refusing to take the breath test is a separate offense from the OUI charge. Therefore, the license may be subsections and additional amount of time, Daquest said.
found to be intoxicated, the car will be impounded.
"Once the arrest has been made, we're responsible for the car and its contents, therefore we do an inventory of the contents of the car." "Dalquest said."
The offender can be detained by police for a maximum of six hours. A notice to appear in court is issued, and the offender is then released to a responsible party. A friend or spouse is given the right to give the offender a ride home.
"The main thrust of ASAP is to let people know the effects of alcohol on the community." Dalque said.
"If you go back to your car and drive, you can be rerestored on a new charge." Dalquin said.
The legality of all of these tests has been tested in the courts, he said. IFAIL OCCUPANTS in the car are
"The classes are designed to help educate people on how much alcohol they can drink within the limitations of the law."
People convicted of OU1 in Lawrence are required to attend an alcohol information school sponsored by the Alcohol Safety Action Project.
DALQUEST SAID that alcohol-related accidents in Lawrence were down by 29 percent since the inception of ASAP in 1976. He also said that 50 percent of all traffic accidents nationwide were alcohol related.
Randy Kern, KU police officer, said problems with any other part of town.
He said there was a noted increase of violations during home games, however.
People arrested for OUI on the KU campus are subject to the same penalties that apply to the rest of Lawrence.
IF ALL OCCUPANTS in the car are
KU police officials reported that 66 people were arrested for OUI on campus in 198. As of July 1, 43 people had been arrested for OUI on campus.
KANSAS LAW PERMITS automatic cancellation of insurance policies for people who have been convicted of DWI or OUI.
"Very few DWIs get through without the company finding out," said Tom Pollock, agency manager of Farm Bureau Insurance.
Pollock said that driving one's parents' car was no release of liability.
He said that a DWI conviction would place the driver in a high-risk status. The rates can go up as much as 150 percent for three years.
"If you get a DWI in your dad's car,
the insurance company can take one of
them."
keep the offender from operating the vehicle. The alternative is to add the offender's name to the policy as a prisoner, or in turn increase the rate. Pollock said.
THE COMPANY COULD have the parent sign a restriction agreeing to
The student, who asked that his name not be used, said he and a friend had attended a private party at a local bar one night last May.
A 22-year-old KU student, charged with OUI last May, said he expected an increase in his insurance rates but wasn't sure how much it would be.
At 1:15 a.m., on the way home, they were stopped by a police officer after making an improper left turn at 6th and Kentucky streets.
THE OFFICER "asked for my driver's license and apparently smelled alcohol on my breath. He then asked me to show him the field sobriety test," the student said.
"I had no idea that I could refuse this test or possibly should," he said.
"That was the first time I thought I was in trouble," he said.
"It was then when the officer read the charge and advised me of my rights."
The police asked the student to lean over the hood of his car to be frisked. He was immediately handcuffed and friend, who was intoxicated. His friend, who also was intoxicated, entered the scene. The car was towed to a local garage, where it was impounded.
AT THE POLICE station, the student took the breath test. The reading was .19, which meant that the student's blood contained 19 percent alcohol. A reading of .10 is considered to be legal intoxication.
"That's when I knew I was in trouble." the student said.
After the formal charge was filed, the student was released to another friend.
student was released to another friend. The student appeared in court weeks later, received a suspended jail sentence and a $250 fine and was required to attend the alcohol information school.
He said he was relieved that the incident took place before the new drunk driving laws took effect. The student was charged at cost $800 including the attorney's fees.
"LOOKING BACK, I know I shouldn't have driven. I thought I could have made it home but looking back, I'm torn it one," he hit or hurt anyone, the student said.
He estimated that he had consumed 10
or 11 drinks during the course of the day.
"I was lucky to have had a fairly clean driving record, with speeding as well," she said.
Commission decides to forgo hiring freeze on city's staff
Francisco said the number of employees in the police, fire and utility departments had increased over 45 percent from 1979 to 1982 while city staff had only increased 4 percent during the same period.
By DIANE LUBER Staff Reporter
OVERLAND
Francisco said that adding $30,000
Although the content of the proposed budget was not an agenda item, Marel Francisco urged the other commissioners late in the commission meeting to reconsider their agreement to limit biring of new city staff
Reversing a direction they had taken at budget hearings Tuesday afternoon, Lawrence City Commissioners decided Tuesday night to forge a city staff hiring freeze and add a budget to the city's proposed 1983 budget.
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The commission also approved an ordinance, on first reading, authorizing the issuance of $3.5 million in industrial revenue bonds. The proceeds will be used to provide training by Packer Plastics Inc. for expansion and retooling of its present facilities.
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The commission set Aug. 3 as the date for the first public hearing of the city's proposed 1863 budget. The hearing will be at 7:15 p.m. at City Hall.
The commission urged that construction of the restaurant and the right-turn lane be concurrent and that both begin as soon as possible.
FRANCIOSC SAID the $30,000 increase she suggested would be balanced by the increased revenue from the franchise tax.
The ordinance also calls for Packer Plastics to deed to the city any land or new equipment acquired with the proceeds of the bond sale. Ownership of the property will return to Packer if it has paid back the bondholders.
Furr's Cafeteria Inc. submitted the site plan for a restaurant it is planning
ACCORDING TO THE agreement, Furr's will construct a continuous right-turn lane onto 23rd Street for northbound traffic on Iowa Street. In addition, the state has an acre of highway right of way that the state has deeded to the city.
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In other business the commission approved a site plan and an agreement that will allow construction of a roadway, a pedestrian traffic flow at a nearby intersection.
to build on the southeast corner of 23rd and Iowa streets.
City Manager Buford Watson told the commission Tuesday afternoon that the city could expect an additional $30,000 in 1983 revenue from the utility franchise tax. That revenue had previously been underestimated.
SINCE LAWRENCE IS 1956,
she, the same number of staff has
worked in the job she's done in
business, she said. Consequently, she
did not think she wanted to put an
award on her work.
Once the budget is officially published, it cannot be increased, she said. But it can still be decreased.
back to the budget gave the commission more options in continuing budget negotiation. The $20,000 is to be used for added staff.
She was physically assaulted by all the men. One of the men sexually touched her.
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THE WOMAN told police she was on a patrol her cousin's house when she was attacked.
The second reading of the Packer Plastics ordinance will be at next week's City Commission meeting.
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After the attack, she went to her cousin's house. Her cousin then took her to Lawrence Memorial Hospital. She released a few hours later, police said.
The woman, 35, was walking through the park at 3:30 a.m. when she was attacked from behind by three men and shot west south of the gazebo, police said.
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The burglaries entered through the rear door of the restaurant, police said.
BURGLARST CHAIR $3029.32 worth of food from Bobby Bell's *Bar-BQ, Quezac* 2Yale Road, sometime between 11:30 a.m. to 9 a.m. Tuesday, said yesterday
BURGLARS STOLE $359 worth of tools from a mobile home at 147 E. I. 15th St., by pushing or kicking in the front door, sometime between July 15 and July 20, police said. They have no suspects in the case.
The materials belong to Corona
Inc. Police. No suspects in
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BURGLARS STOLE $2,400 worth of tools from the Lawrence Body Shop, 906 Vermont St., sometime between 5:30 to 8:30 a.m. a m. Tuesday, police said yesterday.
THEIEVES STOLE $539 worth of building materials from a construction site at 3724 Westland Place sometimes behind the curb, 45 a.m. Tuesday, police said yesterday.
Police have no suspects in the case.
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