LAWMAKERS TO CONSIDER ZERO-TOLERANCE PROPOSAL

New Law Would Outlaw Drugged Driving, Mete Out Harsher Penalties

Madison - Wisconsin prosecutors seeking to come down harder on drugged
drivers would get a powerful new tool under zero-tolerance legislation
set for introduction today by state Rep. Mark Gundrum.

The New Berlin Republican, chairman of the Assembly Judiciary
Committee, said the measure would outlaw driving under the influence
of illegal drugs and slap those in fatal crashes with stiffer prison
sentences.

"You should not get behind the wheel of a 2,000-pound bullet if you're
on drugs," said Gundrum. "We've already made it public policy that you
shouldn't have any of these drugs in your possession. We're just
taking the next logical step."

An estimated 9 million Americans have driven within two hours of using
marijuana or cocaine, according to a 2002 study by the Walsh Group and
the American Bar Association. The Walsh Group undertakes substance
abuse research and consulting and, with funding from the Robert Wood
Johnson Foundation's Substance Abuse Policy Research Program, worked
with the bar association to produce the 2002 study. Only eight states
have drugged-driving laws that call for zero tolerance.

Eight other states have similar zero-tolerance laws, including
neighboring states Illinois, Iowa and Minnesota.

Under current law, prosecutors must prove that drugged drivers were
impaired in their driving abilities. But the new law simply says a
motorist with any detectable level of a restricted controlled
substance - such as marijuana, methamphetamine, cocaine or heroin -
would be charged under the state's drunken-driving law.

The bill, co-authored by Sen. Sheila Harsdorf (R-River Falls), also
fixes a discrepancy between drunken and drugged drivers who cause
fatal crashes.

State law now penalizes homicide by drunken driving with a maximum
40-year prison sentence. But prosecutors often charge drugged drivers
with homicide by negligent driving, an offense that carries a maximum
sentence of two years in prison.

Under the bill, the harsher penalty would apply to drunken and drugged
drivers alike.

The legislation - called the Baby Luke Bill - was prompted by the case
of Michelle Logemann, a Waukesha woman whose car was hit by a van
driven by Paul D. Wilson, who prosecutors said ingested cocaine and
ran a red light in Milwaukee on Dec. 11, 2001.

Logemann, who was 30 weeks pregnant, was seriously injured in the
crash. Her baby was delivered by emergency cesarean section and died
hours later.

Although forensic toxicologists believed Wilson was impaired, they
lacked the scientific proof, and prosecutors struck a plea deal in
which he pleaded no contest to homicide by negligent use of a vehicle
and was sentenced to the maximum two-year sentence.

Logemann, 32, underwent months-long rehabilitation and still has some
memory and balance problems, but is now four months pregnant.

"Nothing can be done for us. We've lost our son and we were
victimized," Logemann said Monday. "That doesn't mean that we can't
work for a better system for everyone else. It made us feel like
someone took our son and wasn't being punished enough."

Gundrum said that under his proposal, prosecutors would not have to
show that drivers are substantially impaired to prove they are driving
under the influence, only that they had the drugs in their system.

Waukesha County District Attorney Paul Bucher said the legislation is
badly needed.

"You shouldn't drive at all if these things are in your blood," he
said. "It's about time. It'll be a great tool for prosecutors to use,
especially in serious crashes with serious injuries or death."

Logemann said she was stunned when authorities told her that there was
little they could do to ensure a harsher penalty for Wilson.

"It was very crushing," she said. "There was disbelief because we
depend on a legal system without even thinking about it. That system
let us down significantly."

[Sidebar]

OTHER STATES

Eight states have similar zero-tolerance laws:

Arizona

Georgia

Illinois

Indiana

Iowa

Minnesota

Rhode Island

Utah