House Representative Champ Edmund Proposes Orange License Plates for DUI Convictions
Montana State Representative Champ Edmunds sponsored a new DUI bill, HB 276, which seeks to require DUI offenders to use orange license plates on their vehicles. Similiar to Ohio’s yellow license plate practice, an orange Montana license plate would identify a driver as one who has been previously convicted of drunk driving.
KFBB.com said some may view the orange license plates as a scarlet letter. The license plates would be in use by the DUI offender for five years, and the license plate number would begin with “DUI”. The bill would also require everyone with a past drunk driving conviction to change out their license plates for the new orange plates. The supporters of the bill say that offenders should put their criminal history on display in an attempt to shame them.
Opponents of HB 276 say the financial strain of a drunk driving conviction is enough punishment for DUI offenders. In addition to the orange license plate suggestion, HB 276 also adds $100 in additional fines for the special orange DUI plate.
The story of a Kansas University student who had both legs amputated after being struck by a drunk driver is putting a spotlight on Kansas’ DUI laws. 18-year-old Colby Liston is learning to walk again with prosthetic legs and accused drunk driver Julian Kuszmaul is facing a maximu of one year in jail, which Liston’s family believes is not justice for Colby.
Kuszmaul is being charged with misdemeanor DUI. The D.A. ruled there was no recklessness on part of Kaszmaul. A decade ago, Kansas legislators repealed a law which would have allowed battery charges for DUI cases that involved injuries.
The Kansas Supreme Court has a case law which states, “additional evidence, beyond evidence that an accused was driving under the influence of alcohol, is necessary to create probable cause for reckless aggravated battery charges. Simply driving under the influence of alcohol does not, standing alone, amount to reckless behavior.” [State v. Huser, 265 Kan. 228.]
In a press release from Charles Branson, the Douglas County D.A., he states that the D.A.’s office disagrees with the Supreme Court’s interpretation but is bound to follow it.
Liston’s family responded to Branson’s reasoning on their Facebook account, which said, “In order to change or get a new decision a prosecutor or DA needs to present another case. We feel Colby’s accident is a perfect case to present in order to get the case law changed. So it’s not a matter that DA Branson CAN’T charge aggravated battery it’s that he WON’T.”