Previous Story
Reyes: AGO should reveal reasons for dismissing DUI cases
|
Posted on Oct 14 2004
Senate minority leader Pete P. Reyes has introduced a bill requiring the Attorney General’s Office to state on record its reasons for dismissing charges against persons driving under the influence of alcohol or drugs.
Reyes, in Senate Bill 14-74 introduced Wednesday, said that while DUI is already prohibited by the Commonwealth Code, this is “insufficiently enforced.”
He noted that “too often, those charged with DUI are allowed to plea bargain down to reckless driving or some other lesser charge.”
“If they are to be effective, the laws of the Commonwealth must be enforced firmly and uniformly…and the public interest will be best served if the AGO states its reasons on the record when seeking leave to dismiss or reduce charges,” said Reyes.
The bill further intends “to encourage the upholding of the Implied Consent Law as well as the vigorous prosecution of offenses” relating to driving by having blood alcohol concentration tests.
If the prosecutor seeks to dismiss the charge or amend a charge, the prosecutor shall apply to the court, and the application shall state the reasons for the proposed amendment or dismissal, the bill said.
The bill said that the court may approve the application only if it finds that the proposed amendment or dismissal “is consistent with the public interest in deterring the operation of motor vehicles by persons.”
The bill said that the law prohibits DUI because it poses grave risk to the safety of the operator and other motorists or residents.
