DUIMelanie's Law - Repeat DUI Offenders
Boston, MA - A new drunk driving law in Massachusetts will aid prosecutors in punishing drunk drivers with repeated convictions. Under the new law, prosecutors will use certified court records in order to prove prior drunk driving incidents. The law is named "Melanie's law" after the 13-year-old Melanie Powell, who was killed in an accident caused by a repeat drunk driver two years ago. With Melanie's law, repeat offenders must utilize an ignition interlock device, which connects a Breathalyzer to the ignition of their car. In order to turn the car on, they must measure their blood alcohol content.
New drunk driving crimes have been established under Melanies' law: loaning a car to someone who is clearly drunk; driving under the influence with a child under the age of 14; and manslaughter caused by drunk driving. Motor vehicle manslaughter now carries a mandatory sentence of five years, doubled from two-and-a-half years.
Melanie Powell's family is proud that the new law has gone into affect. Powell's grandfather, Ron Bersani, said, "We'll never know how many lives Melanie's Law will save, but we have faith it will be many, so today, we thank you, Melanie."
The house and senate approved a weaker version of the bill last week, which created some backlash from the governor and others. On Friday, lawmakers voted to put the tougher punishments back into the legislation.
October 29, 2005
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Posted
Thursday, March 22, 2007
Filed in DUI News | Massachusetts DUI | Permalink | Comments (13)
Filed in DUI News | Massachusetts DUI | Permalink | Comments (13)
trackback URL: http://www.dui.com/dui-library/massachusetts/news/melanies-law/sbtrackback
OUI
Posted by
john law
at
2009-05-18 11:20
WHAT ABOUT ALL THE FUCKIN DRUNKS WHO NEVER GOT CAUGHT YOU PEOPLE AND YOUR LAWS SUCK EAT THIS IT'S A SHAME A YOUNG CHILD HAD TO DIE BUT THERE REALLY IS NO JUSTICE WE WILL PRAY FOR YOU YOU POLITICAL PIGS WHO SIT ON YOUR ASS AND DRINK YOUR DAY WILL COME SHIT BAGS
Posted by
mike
at
2009-06-12 13:55
You guys should be a shamed of your selfs.I got 5 years with out a license for a second oui with in 8 years.Got kids lost my job,my home,just about my life all because of melaines law.Dont know how u people can sleep at night.
Posted by
USuck
at
2009-08-01 18:18
You're a drunk who simply deserves what he got! You're a selfish, weak human being who doesn't deserve to drive!
Posted by
Peggy
at
2012-02-08 10:42
I agree the second one does ruin your life thank god I dont have kids and hanging by a thread being unemployed and owning property unable to find a nursing job. I believe its up for new legislation and the law is gonna get even tougher. I do feel bad for the family its trajic. Unfortunately the RMV and Courts system are separate. Yes How many people drink and drive and never get caught, I believe the ramifications should be to tougher on a first oui.
Posted by
Tracy
at
2009-06-24 16:55
I have 2 DUI's, both my fault,but my last was in 1996, because I couldnt afford to reinstate my license until 2006 the RMV says I fall under Melanies law. I did everything that was expected of me by the courts, the 2 week intake, classes and fines but I ran out of money. So now I cant drive in Mass unless I install a device in my car. I have a CDL-A license in maine but I cant drive in or go through Mass because of this law.I have been out of work since Jan and the only jobs are over the road, I am appealing this in superior court but I have no lawyer/and I cant afford one. No one wants to touch this subject because of madd. What I did was wrong but I paid my dues and shouldnt be subject to this it was 9 yrs before melanies law, If anyone wants to vent email me tgeer15@yahoo.com
Posted by
Pat
at
2009-07-09 20:30
Hello,
I pray for all parties involved in any DUI/OUI situation. The new laws and the press have made convicted and prosecuted individuals to an extreme degree. Families of members convicted are living a life of pure hell and financial disaster. Dreams of college for the kids gone up in smoke...funds are needed for legal fees and the up keep of the house without a second income. I've interviewed many and heard mothers, daughters, sisters, brothers, sons, dads, aunts, uncles, and all loved ones put into a state of financial and emotional devastation...some...never to recover and enjoy the basic American dream.
I pray for all parties involved in any DUI/OUI situation. The new laws and the press have made convicted and prosecuted individuals to an extreme degree. Families of members convicted are living a life of pure hell and financial disaster. Dreams of college for the kids gone up in smoke...funds are needed for legal fees and the up keep of the house without a second income. I've interviewed many and heard mothers, daughters, sisters, brothers, sons, dads, aunts, uncles, and all loved ones put into a state of financial and emotional devastation...some...never to recover and enjoy the basic American dream.
Posted by
A
at
2009-07-15 10:29
Husband had a DUI - continueance without a finding when he was 18 - then when he was 32 - he was bullied into taking a breath test after being pulled over for a headlight being out - Melanie's Law had just passed. He did everything he had to - including have a breath tester in his car for two years. That is up in August and now they send a letter saying because he blew a .02 (legal limit being .08!) twice at 5:30 in the morning last March - he will lose his licesne for LIFE. There is plenty of evidence out there that he DID NOT have to have been drinking for it to register a BAC. I told him to make a stink about false positives - but he never did - and now they tell us their is NOTHING we can do. MELANIE'S LAW RUINS MORE LIVES THAN IT SAVES. CLASS ACTION SUITS ARE NEEDED. SEND LETTERS TO THE GOV. COMPLAIN IF THIS HAS RUINED YOUR LIFE TOO. We just bought a house and are trying to start a family - and how is life going to go on?
Posted by
mike
at
2009-08-02 21:31
they want me to put a device on my vehicle now but im afraid.......
Posted by
Jeffrey P
at
2010-08-11 14:17
Looks to me like the saying money talks bullshit walks is still in . I know a person that had thirteen oui and is rideing his bike like a raped ape. He got his right to drive back after the new law. All ive seen is the ones still drinking, some with as many oui as me driveing. The fucking sistom sucks shit. Its all who you now and how much money you have. Thats all this fucking state ever was. You can be sober as a jugde like me and you get treated like shit , then you get to see all the ass wipes that still dont give a shit driveing.How about fuck the interlock and pee in a cup , then get the same results if you come up dirty. Lets all get our rights to drive back then loose it again because of some unreliable piece of shit.
Posted by
Francis Michel
at
2010-08-25 16:51
Three years ago got stoped in Vermont and was given a dui first offence. Live in Mass.. Then Mass came along stating i have a dui 32 yrs ago 2nd offence loss of 2yrs, 1yr later went for hardship was told had another dui 31 yrs ago now loss of 8yrs.
Checked on the 32yr offence which i was not drinking and was told by public defender their would be no record and was dismissed without a finding.
The 31 yr old offence i took to court no one and any records but because of the DUI laws the Judqe declined to remove it.
RUINED MY LIFE
Checked on the 32yr offence which i was not drinking and was told by public defender their would be no record and was dismissed without a finding.
The 31 yr old offence i took to court no one and any records but because of the DUI laws the Judqe declined to remove it.
RUINED MY LIFE
Posted by
Brooks Roberts
at
2010-08-24 11:27
I have read most of the comments on this post and it seems to me that no one here has gotten the point yet If you can not do the the time don't do the crime. Stop whining and crying about this law and in the same sentence tell everyone how many times you have been busted for drinking and driving, and while we are on a tare here how does the vulgarity of your language help you make a point? really people grow up and get on with it.
Posted by
Shawn K.
at
2010-09-25 05:18
One small change would make this DUI law great. But, it should have only been imposed on drivers operating under the influence after the new law came into effect. Meaning: If someone happens to have (2) DUIs that he/she received after the new law and (1) DUI he/she received before it. The court should not be able to use the new law against the one before it.
When a law is created or even updated. A court or anyone else for that matter should not be able to impose a sentence/fine or both unless the person knew already that this would happen.
If you smoke, but the state you live in happens to make tobacco illegal and makes the crimes punishable by: First Offense is a fine of $50 - Second Offense is a fine of $150 - Third Offense is a fine of $350 and you happen to be on your second offense. Oh No! The state just decided to change the law and if you get a third offense now, you will get a fine of $5,000 and could maybe do a year in jail for it to because it is a felony and they are classing it as a Class D substance. Which now, most jobs want nothing to do with you now, so start kissing your boss's a** to make sure you never lose your job.
Do you really think that is fair?! That your next door neighbor can smoke in front of you all he/she wants to until he/she gets caught two times, because he/she knows they can and you can't.
I myself do not drink and drive. Honestly, I have no reason to lie. In fact, I barely drink at all. I do know people that do drive drunk including family and friends. A 50 year old man at my work is going through this bull right now because of the new law. His first offense was over 30 years ago and his second offense was just over 15 years ago. He recently got his third offense. Now a new law allows a DA and Judge to use his old offenses against him for a new law they decided to make.
I feel bad for anyone killed or even hurt by a drunk driver, but lets make laws using the law and when updating a law. Let's be reasonable here.
READ: What if a law gets passed in 2020 that anyone who talks online about driving drunk will go to jail for 90 days if caught. No matter what the date was when you did it and the cops happen to visit this page and collect all the info they need to track you down.
When a law is created or even updated. A court or anyone else for that matter should not be able to impose a sentence/fine or both unless the person knew already that this would happen.
If you smoke, but the state you live in happens to make tobacco illegal and makes the crimes punishable by: First Offense is a fine of $50 - Second Offense is a fine of $150 - Third Offense is a fine of $350 and you happen to be on your second offense. Oh No! The state just decided to change the law and if you get a third offense now, you will get a fine of $5,000 and could maybe do a year in jail for it to because it is a felony and they are classing it as a Class D substance. Which now, most jobs want nothing to do with you now, so start kissing your boss's a** to make sure you never lose your job.
Do you really think that is fair?! That your next door neighbor can smoke in front of you all he/she wants to until he/she gets caught two times, because he/she knows they can and you can't.
I myself do not drink and drive. Honestly, I have no reason to lie. In fact, I barely drink at all. I do know people that do drive drunk including family and friends. A 50 year old man at my work is going through this bull right now because of the new law. His first offense was over 30 years ago and his second offense was just over 15 years ago. He recently got his third offense. Now a new law allows a DA and Judge to use his old offenses against him for a new law they decided to make.
I feel bad for anyone killed or even hurt by a drunk driver, but lets make laws using the law and when updating a law. Let's be reasonable here.
READ: What if a law gets passed in 2020 that anyone who talks online about driving drunk will go to jail for 90 days if caught. No matter what the date was when you did it and the cops happen to visit this page and collect all the info they need to track you down.
Posted by
Berachah
at
2010-09-07 12:41
I think this is ridiculous to ruin someone life that made a bad judgement call. I am a tax payer and I should have some rights. The poor get the whip and the rich who are politcally connected and have money get off, with all the corruption in politics, these people make laws for others but don't follow the law themselves and rarely get caught. There is no equal justice, just exploitation of the poor and middle class.
