Close DWI Loopholes, Montgomery Panels Urge Report Cites Drivers Who Refuse Breath Test
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Refusing to take the breath test leaves prosecutors without scientific evidence that a driver was legally drunk, and it is a tactic that repeat drunk drivers often use to their advantage. Unlike in other states, Maryland prosecutors are not allowed to tell a judge or jury that a driver refused a breath test or other roadside tests, and the driver faces no criminal penalty. [Douglas M. Duncan] (D) had asked the Criminal Justice Coordinating Commission- -a group of Montgomery judges, prosecutors, probation officials, law enforcement officers and jail officials–to study lax treatment of some drunk drivers reported by The Washington Post in a September series. “Judges and prosecutors need to quit pointing fingers at each other and need to do more,” said Del. William A. Bronrott (D- Montgomery), an anti-drunk driving advocate and chairman of Duncan’s traffic safety task force. “But legislators shouldn’t wait for judges and prosecutors before taking action. We’ve been stuck on a complacent plateau with drunk driving.” Source : pqasb.pqarchiver.com |