Judges face decisions on new DUI law

Published 12:00 am Thursday, September 21, 2000

Two people charged with a second driving under the influence offense in Adams County now could face vehicle impoundment since a new state law went into effect Sept. 1.

The new law, criticized by some local judges, requires courts to impound or immobilize the vehicles owned by people convicted of a second DUI offense.

The impoundment must last for the length of time the individual’s license is suspended, which can be at least a year.

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But court officials worry about the liability of holding personal property in impoundment lots not protected from burglary with fences.

&uot;I’m not holding cars in unsecure lots,&uot; said Justice Court Judge Charles Vess, who added Natchez only has one or two lots he thinks are secure.

Under the law, if a person’s vehicle is impounded, it can only be released if someone else in the family needs it.

And in that case, the law requires that the vehicle must be installed with an ignition interlock system — a system which connects a vehicle’s ignition system to a breath-alcohol analyzer.

But judges said they don’t know how to locate one of these devices.

&uot;It’s really kind of funny,&uot; Vess said. &uot;That’s part of the law, and you don’t even know where to get a device or who (can) install it.&uot;

The law also requires defendants to serve five days in jail. Those days cannot be suspended as they could prior to the law.

Judges said they are also worried about that aspect of the law. Because of the required days and the impoundment, they said the law will slow down the court system.

Fewer people will plead guilty and more will appeal, said Municipal Court Judge John Tipton.

Of the two people charged with a second DUI offense in Adams County Justice Court, one was arrested during Labor Day weekend. He entered a not guilty plea in Judge Mary Lee Toles’ court and will have a hearing at the end of the month or early October, Vess said.

A second person charged with a DUI-second pleaded guilty before Judge Vess Monday Monday and will be sentenced Monday, Sept. 25.

But because the ticket was not clearly marked, Vess said he is going to request the suspect’s driver history to confirm whether the alleged DUI is a first or second offense.

Tipton said the city court has not charged anyone with a second DUI-since the new law went into effect, so he has not given much more thought to the law.

Tipton said if he does receive such a case he will have time to think about the law’s complications prior to the case’s trial date.