Under change, DUI-plates law would exclude 1st-time offenders

Only those who get special driving privileges get the plates.
By MICHELE C. HLADIK
VINDICATOR CORRESPONDENT
COLUMBUS -- Family pressure and public shame can deter driving under the influence, but many think first-time offenders should be given a second chance first.
In January, changes to Ohio's traffic laws began requiring special yellow license plates with scarlet letters and numbers for all of those convicted of driving under the influence of alcohol who are granted special driving privileges, including first-time offenders.
The plates, which had been a judicial option since about 1990, had previously been required only of repeat offenders who sought permission to drive to work while their licenses were suspended for DUI.
Lawmakers intend to change the plate requirement back to include only repeat offenders. A bill doing that is moving through the Legislature.
Intent of original law
Supporters of removing the requirement for first-time offenders said that they don't want to seem soft on crime, but that it was never the intent of the original bill to include first-time offenders.
"We saw it as possibly a mistake," said Scott Anderson, staff attorney for the Ohio Criminal Sentencing commission. He said the commission thinks it should be an option for judges to apply to first-time offenders, but not a requirement.
"There are a whole lot of first-time offenders who never get another [DUI offense]," Anderson said.
According to statistics from the Ohio Bureau of Motor Vehicles, there were 53,453 DUI offenders in 2002, and 28,538 of those never had a prior DUI conviction.
Youngstown Municipal Judge Elizabeth A. Kobly said a person convicted of DUI has to request work-related driving privileges for the time his license is under suspension -- "that's what kicks in the plates." If there's no request for driving privileges, the plates issue never comes up, she said.
The person convicted of DUI also must have title to the car he intends to drive, because the canary yellow plates cannot be placed on someone else's car, she said.
The minimum qualifying license suspension is six months, Judge Kobly said. The DUI plates would stay on as long as the license is under suspension and the driver has work-related driving privileges, she said.
Supporters of the plates agree they could be a good deterrent for repeat offenders because of pressure applied by family members who may also drive the vehicle, as well as consideration of any children who have to ride in the vehicle marked as being driven by a DUI offender.
According to Doug Scoles, executive director of Mothers Against Drunk Driving-State of Ohio, MADD opposes the new law, but recognizes it will pass.
However, he said MADD hopes that in the future the group can get lawmakers to reconsider requiring the plates for all offenders.
Requiring the yellow plates of first-time offenders has increased the number of such plates in use.
According to statistics provided by the Ohio Bureau of Motor Vehicles, 833 restricted plates were active as of December 2003, before the first-timers were included. Since the provision for first-offenders took effect in January, 991 restricted plates were active throughout the state.
Anderson said the option was not widely used before, because many judges disagree with shaming penalties. However, until the current bill is signed into law, the requirement continues to include first-time offenders.
The revision bill already has been approved in the Ohio House of Representatives and is waiting for more hearings in the Ohio Senate.