DRUGGED DRIVING LAW NABS 329 IN FIRST YEAR

A law put into place in late 2003 targeting drivers under in the
influence of illegal drugs resulted in 329 convictions in 2004,
according to Department of Motor Vehicle records.

The new law, also know as the Baby Luke Law, was prompted by the case
of Michelle Logemann, who was about eight months pregnant when her
vehicle was hit by a van running a red light in Milwaukee on Dec. 11,
2001. She was seriously injured. Her child, named Luke, was delivered
by Caesarian section but died about 12 hours later because of head
injuries.

Prosecutors demonstrated that the driver of the van, Paul D. Wilson,
had ingested cocaine, but they couldn't prove actual impairment.
Wilson pleaded no contest to a charge of a homicide by negligent use
of a motor vehicle and received a maximum two-year sentence.

By comparison, if he had been drunk at the time of the fatal crash, he
could have a sentence as long as 40 years.

Even though some law enforcement departments rarely use the new law,
they are glad it is available for use.

"It's a good law because in the past, we have had instances where the
evidence showed the driver was under the influence of a prohibited
drug, but unlike the drunk driving statute, there was no hard-and-fast
level of intoxication, so it was extremely difficult to prosecute,"
said Lt. Robert Levendoske of the Wood County Sheriff Department.
"This new law, then, which has a zero tolerance for drugs in the
system, makes it much easier to prosecute offenders."

Driving under the influence of drugs is just as dangerous as alcohol,
he said.

His department reported no arrests for drugged driving arrests since
the law was put into effect Dec. 19, 2003, Levendoske said.

The state often will not prosecute a drugged driving charge when an
alcohol charge is easily brought, he said. The testing for drugs is
more costly and time consuming, he added.

A "fair amount" of drunk drivers test positive for marijuana but are
not prosecuted under the new law, Levendoske said.

The new law affects other types of vehicles as well, including ATVs
and boats, said Tim McClain, safety policy analyst for the DOT.

Major Dan Lonsdorf, director of transportation safety for the
Wisconsin State Patrol and DOT, said the outcome in court cases often
is postponed. Delays such as blood testing and postponed court dates
are a few examples.

Tying cases to the new law is challenging.

"The biggest problem we're finding is we're having a difficult time
finding a correlation with the arrest and if that has anything to do
with the new law," he said. "We have certainly not heard of any police
agency, including state patrol ... where drugged driving arrests have
skyrocketed."

Law enforcement officials already had many of the provisions of the
drugged driving law already available, he said. "This just clarified
things a little bit more."