Anti-speeding bills moving ahead

By Gordon Y.K. Pang
Advertiser Capitol Bureau

Killing someone while behind the wheel of a vehicle exceeding the speed limit by 30 mph or more would be felony-class second-degree negligent homicide under House Bill 1843, which was approved yesterday by the House Transportation Committee.

Second-degree negligent homicide carries a maximum penalty of five years in prison and a $10,000 fine.

Several other proposals for harsher penalties against speeders and drunken drivers moved out of the House Transportation Committee yesterday. Those bills include:

• House Bill 2253, making excessive speeding a petty misdemeanor that could land a driver in jail after repeat offenses.
• House Bill 2374, creating stiffer penalties for those who continue to drive after their licenses have been revoked or suspended as a result of a driving under the influence.
• House Bill 2249, simplifying what a DUI suspect, upon arrest, must be told about the implied consent law before agreeing or refusing to be tested.

The bills now go to the Judiciary Committee.

The negligent homicide bill was introduced by Rep. Kirk Caldwell, D-24th (Manoa), the vice chairman of the Transportation Committee, and 13 colleagues.

An amendment inserted into the bill yesterday gives judges the latitude of deciding that a charge of negligent homicide can apply in certain instances even if the driver was exceeding the speed limit by less than 30 mph.

"It's one more thing to give to a judge that you can use against the speeder," Caldwell said. "And hopefully, it's going to make one or two people decide 'I'm not going to speed' because the penalties are going to be too high."

Law enforcement officials yesterday testified in strong support of making excessive speeding a petty misdemeanor under the other House bill — a change pursued by Honolulu Prosecutor Peter Carlisle. The new offense of "excessive speeding" would be defined as exceeding the speed limit by 25 mph or more, or driving 80 mph or more regardless of speed limits.

A first offense would net a violator a fine of up to $1,000, a 30-day license suspension and either 36 hours of community service or two to five days in jail. A second offense would be punishable by a fine of up to $1,000, a

30-day license suspension and either a minimum of 120 hours of community service or between five and 15 days of jail. A third offense or more would mean a $1,000 fine, license revocation of between 90 days and one year, and required jail time of between 10 and 30 days.

Deputy Prosecutor Lori Nishimura pointed out that speeding was decriminalized several years ago to simplify the legal process and free up police officers from being required to attend court. Making excessive and repeated speeding criminal again would distinguish, legally, the "quali-

tative difference" between going 10 miles over the speed limit and excessive speeding, she said.

State Public Defender Jack Tonaki testified against the bill, warning that its passage would only add to crowding at state jails. Tonaki said he believes that better enforcement of existing speeding laws and more resources provided to police would be a more effective deterrent.

Nishimura said she doesn't expect the new provision to add to the jail problem since it would apply to only about "a handful" of motorists each year.

Jeannine Johnson, an East Honolulu resident, gave written testimony noting that her friend, Holy Trinity teacher Elizabeth Kekoa, was killed in a collision on H-1 Freeway in 2001 in which the driver who is charged had a previous record of two speeding convictions.

Police Capt. Jose Gaytan said those who drive at speeds above 80 mph are particularly dangerous. "Nobody should have any kind of excuse for driving vehicles at that speed anywhere," he said.

Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com or at 525-8070.