The following article was posted on www.jsonline.com
Bukosky death shows need for stiff penalties
Posted: Apr. 17, 2009
April 25, 2008, around 4:30 p.m. in Oconomowoc.
I am driving to work, taking my normal route. Just before turning to get onto the frontage road leading to my parking lot, I stop at a red light. Kitty-corner across the street, a car is stopped with no cars directly behind it. As the light turns green, I pull forward to make my turn, and out of the corner of my eye, I see a large SUV slam into that car from the rear.
I had just witnessed the tragic death of Jennifer Bukosky, my English teacher, principal and friend; her daughter, Courtney Bella; and her unborn daughter, Sophie. Also, Zach Bella, Bukosky's son, and Debbie Gibbs, my best friend Sarah's younger sister, were injured.
The man in the SUV?
Police say it was Mark Benson, convicted three times previously for operating while intoxicated.
Driving while impaired kills thousands of Americans each year. In the United States in 2006, more than 15,000 were killed in such accidents. In Wisconsin in 2006, 49% of driving fatalities were due to the use of alcohol or other abusive substances. Wisconsin, as far back as records go, has consistently had the highest percentage of OWI fatalities in relation to other automobile deaths and in relation to the entire state population.
Too many people have been unnecessarily killed over the years by drivers under the influence in Wisconsin, so we must increase the penalties for such offenses.
After witnessing such a horrible event, I have researched many facts regarding the laws and statistics, and I have worked with student groups from my high school in order to attempt to get some form of legislation passed increasing the penalties. I have spoken with and attended press conferences given by city, county and state officials from across Wisconsin, and many people, including students in my class, feel that something should be done regarding these punishments and that people should be held accountable for their actions.
Wisconsin laws are weak. The first time one is arrested for driving under the influence, the driver is fined up to $300 and the driver's license is suspended for a minimum of six months. Additional fines may be added to pay for damages to property. All of these charges take place in a civil court. A second offense has slightly increased penalties. The fine will be somewhere from $350 to $1,100, the license is suspended for a year or more and there is a minimum jail time of five days with a six-month maximum. With this conviction and all following convictions, all vehicles purchased in the offender's name may be required to contain an Ignition Interlock Device or a Breathalyzer that is required to be used before starting one's car.
The third offense holds a fine from $600 to $2,000, a minimum jail time of 30 days with a maximum of a year. These, however, are the maximum charges one can receive for operating a vehicle while intoxicated if the driver is at least 21 years old and does not have any minors in the vehicle.
Beyond the third offense, the only increased penalty is the fifth offense, which becomes a felony.
These laws are not enough to stop people from driving while under the influence; laws elsewhere are much stronger.
Locations with stricter punishments for those convicted of a DUI have far fewer highway deaths caused by substance abuse each year. As previously mentioned, 49% of all motor vehicle fatalities in Wisconsin were due to substance-related collisions in 2006, whereas in Arizona, the state with the strongest penalties, 39% of motor vehicle fatalities were the result of substance abuse.
Fines in Arizona are nearly double those in Wisconsin, and there is jail time for every offense. Also, the third offense in Arizona is a felony. In Belgium, fees range from up to $130 for the first offense to $27,000 for the second offense. The convicted can lose their license for up to five years, and can be imprisoned for up to two years. In Ontario, Canada, one can lose his or her license for life after a conviction.
Research in the United Kingdom found that as OWI laws were strengthened, the number of offenses fell. Current laws in the United Kingdom include a required three-year license suspension for any conviction beyond the first and possible vehicle forfeiture.
The operating while intoxicated petition available at JenniferBukosky.com, if adopted as legislation in Wisconsin, would increase the penalties to make them comparable to other areas of the United States. The first offense, instead of being a minor offense, would be considered a crime. This would make the punishment more severe by requiring reporting this when applying for a job. The third offense, as in Arizona, would be considered a felony.
A mandatory minimum jail time would be required for each conviction, also like the system in Arizona. Laws for driving without a license also would be strengthened, and if someone is injured or killed by one driving without a license, the minimum charge would be a felony.
Sobriety checkpoints could be legally set up on Wisconsin roadways. These are already legal in other states. Ignition interlock systems would be required in cars of those who have a 0.16 blood-alcohol level after the first offense or 0.8 after multiple offenses. Education and rehab programs would be required for any convicted drug or alcohol abusers.
Thousands have been killed unnecessarily in the U.S., and every one of those deaths was preventable. If Wisconsin strengthens its laws, hundreds of lives could be saved each year.
Every lost life is important to someone, and I can attest to this as I will never see my mentor, Jenn, again. If you want to help, sign the petition at JenniferBukosky.com and contact your legislators. Every e-mail you send brings Wisconsin closer to having safer roads.
Derrick Krenke is a freshman at the University of Wisconsin-Madison.
