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Author Topic: IDS1: Safe Driving Bill [Statute]  (Read 145 times)
Emperor Scott
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« on: March 21, 2014, 06:59:33 pm »
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Quote
Safe Driving Bill
1. "Driving under the influence" or "DUI" shall be defined as operating a motor vehicle while one's Blood Alcohol Content is in excess of the legal threshold.
     a. For a person of legal drinking age, the legal threshold shall be 0.08%.
     b. For a person of legal drinking age who is operating a motor vehicle in accordance with the duties of their employment, that person's employer shall be notified should that person be found driving with Blood Alcohol Content in excess of 0.05%.
     c. For a person of legal drinking age in the employment of the government of the Imperial Dominion of the South, the legal threshold shall be 0.05%.
     d. For a person who is not of legal drinking age, the legal threshold shall be 0.00%.

2. Any person found driving under the influence in the region shall be subject to a penalty of 24 hours to 5 days in jail*(# of previous DUIs), a fine of $250 to $500*(# of previous DUIs), and 25 to 50 hours of community service*(# of previous DUIs).
     a. A previous DUI will no longer factor into the calculation of the maximum penalty once 15 years have passed from the time of the offense.
     b. Driving under the influence while in discharge of duties pursuant to employment with the government of the Imperial Dominion of the South shall be subject to disciplinary review in addition to other penalties prescribed under this section.
     c. Driving under the influence with two or more previous DUIs that are still valid will result in the suspension of that person's driver's license.
     d. Any person whose driver's license is suspended pursuant to Section 2, Subsection e of this law shall have it be reinstated after a time equivalent to (3 months)*(# of previous DUIs).
     e. Driving under the influence without a valid driver's license is a felony and shall be subject to a sentence of 1-2 years in prison and a fine of up to $5,000.

3. "Refusal to submit to testing" shall be defined as the refusal of a person to submit to breath, blood, or urine testing by a police officer upon arrest for DUI.
     a. Refusal to submit to testing shall be subject to the same penalties as driving under the influence.
     b. For the purpose of calculating maximum penalties, a previous refusal to submit to testing shall be counted as a previous DUI.
     c. Any person lawfully requested to submit to a blood or urine test shall have the right to select a different type of test.

4. Any person may be charged with and convicted for driving under the influence and refusal to submit to testing as a result of the same set of events.
     a. Should a person be convicted of both crimes as a result of the same set of events, then all penalties for driving under the influence shall be commuted.
     b. For the purpose of calculating maximum penalties, a conviction for driving under the influence whose penalties are commuted pursuant to Section 4, Subsection a of this law shall still be counted as a previous DUI.
Sponsor: Rep. Scott
« Last Edit: March 29, 2014, 11:54:22 am by Speaker Scott »Logged



Emperor Scott
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« Reply #1 on: March 21, 2014, 07:01:35 pm »
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This was sponsored on behalf of the Emperor, so I will defer to him in advocating for this.  I believe most of these laws are on the books already, at least for our states and territories, but it wouldn't hurt to make them uniform.  Therefore, I have no objection.
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IDS Attorney General PiT
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« Reply #2 on: March 21, 2014, 10:05:03 pm »
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     I wrote this bill in order to bring our DUI laws into line with what was outlined by a recent Federal law. The biggest change is that it prescribes the same penalty for DUI and refusing to be tested, as the federal law that will get us additional highway funding requires us to have that correspondence. Current regional law carries much higher penalties for refusing to be tested.

     BTW, I would like someone to propose an amendment to deal with an error I made in drafting it. Section 1, Clause c should read: "For a person of legal drinking age performing duties in the employment of the government of the Imperial Dominion of the South, the legal threshold shall be 0.05%."

     As written, we just arbitrarily have a different legal limit for our own employees. I think that sort of thing might violate an equal protection clause somewhere.
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Emperor Scott
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« Reply #3 on: March 23, 2014, 07:09:52 pm »
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Quote from: Amendment
1. "Driving under the influence" or "DUI" shall be defined as operating a motor vehicle while one's Blood Alcohol Content is in excess of the legal threshold.
     a. For a person of legal drinking age, the legal threshold shall be 0.08%.
     b. For a person of legal drinking age who is operating a motor vehicle in accordance with the duties of their employment, that person's employer shall be notified should that person be found driving with Blood Alcohol Content in excess of 0.05%.
     c. For a person of legal drinking age performing duties in the employment of the government of the Imperial Dominion of the South, the legal threshold shall be 0.05%.
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Emperor Scott
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« Reply #4 on: March 25, 2014, 06:54:46 pm »
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Are we done here?
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Emperor Scott
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« Reply #5 on: March 26, 2014, 12:23:55 am »
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Members, we will now move to a final vote.  Please vote Aye, Nay, or Abstain.

Quote from: Final Text
Safe Driving Bill
1. "Driving under the influence" or "DUI" shall be defined as operating a motor vehicle while one's Blood Alcohol Content is in excess of the legal threshold.
     a. For a person of legal drinking age, the legal threshold shall be 0.08%.
     b. For a person of legal drinking age who is operating a motor vehicle in accordance with the duties of their employment, that person's employer shall be notified should that person be found driving with Blood Alcohol Content in excess of 0.05%.
     c. For a person of legal drinking age performing duties in the employment of the government of the Imperial Dominion of the South, the legal threshold shall be 0.05%.
     d. For a person who is not of legal drinking age, the legal threshold shall be 0.00%.

2. Any person found driving under the influence in the region shall be subject to a penalty of 24 hours to 5 days in jail*(# of previous DUIs), a fine of $250 to $500*(# of previous DUIs), and 25 to 50 hours of community service*(# of previous DUIs).
     a. A previous DUI will no longer factor into the calculation of the maximum penalty once 15 years have passed from the time of the offense.
     b. Driving under the influence while in discharge of duties pursuant to employment with the government of the Imperial Dominion of the South shall be subject to disciplinary review in addition to other penalties prescribed under this section.
     c. Driving under the influence with two or more previous DUIs that are still valid will result in the suspension of that person's driver's license.
     d. Any person whose driver's license is suspended pursuant to Section 2, Subsection e of this law shall have it be reinstated after a time equivalent to (3 months)*(# of previous DUIs).
     e. Driving under the influence without a valid driver's license is a felony and shall be subject to a sentence of 1-2 years in prison and a fine of up to $5,000.

3. "Refusal to submit to testing" shall be defined as the refusal of a person to submit to breath, blood, or urine testing by a police officer upon arrest for DUI.
     a. Refusal to submit to testing shall be subject to the same penalties as driving under the influence.
     b. For the purpose of calculating maximum penalties, a previous refusal to submit to testing shall be counted as a previous DUI.
     c. Any person lawfully requested to submit to a blood or urine test shall have the right to select a different type of test.

4. Any person may be charged with and convicted for driving under the influence and refusal to submit to testing as a result of the same set of events.
     a. Should a person be convicted of both crimes as a result of the same set of events, then all penalties for driving under the influence shall be commuted.
     b. For the purpose of calculating maximum penalties, a conviction for driving under the influence whose penalties are commuted pursuant to Section 4, Subsection a of this law shall still be counted as a previous DUI.
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Emperor Scott
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« Reply #6 on: March 26, 2014, 12:30:54 am »
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Aye.
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Rep Small L
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« Reply #7 on: March 26, 2014, 11:53:04 am »
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Nay
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Rep. Oak Hills
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« Reply #8 on: March 26, 2014, 02:23:45 pm »
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Abstain.
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Jbrase
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« Reply #9 on: March 27, 2014, 03:04:49 am »
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Aye
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Que tu Espíritu me guíe sin fronteras
Más allá de las barreras
A donde tú me llames
Tú me llevas más alla de lo sońado
Donde puedo estar confiado
Emperor Scott
Scott
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E: -1.94, S: -5.74

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« Reply #10 on: March 28, 2014, 07:27:46 pm »
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With two votes in favor, one against, and one abstention, the bill is passed and is presented to the Emperor.
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IDS Attorney General PiT
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« Reply #11 on: March 29, 2014, 02:11:07 am »
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     On the Safe Driving Bill: by the powers vested in me as Emperor of this region, I thus sign it into law.

     Be it resolved, X Emperor PiT
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