Alex Cantatore Staff reporter
The Steven Ambriz act, a bi-partisan measure intended to give prosecutors another tool in the prosecution of DUI suspects whose driving causes death, now sits on Governor Arnold Schwarzenegger’s desk awaiting his signature to become law.
The act, also known as AB 808, was authored by Assemblywoman Nicole Parra (D-Hanford) and Assemblyman Todd Spitzer (R-Orange). The bill will require that all individuals seeking a driver’s license or license renewal sign a statement acknowledging that driving under the influence of drugs or alcohol may cause death.
According to the California Highway Patrol, current law makes it difficult for prosecutors to obtain convictions for gross vehicular manslaughter and second degree murder if the offender does not have a prior conviction for DUI. Prosecutors must prove that the DUI offender had prior knowledge that driving while intoxicated was dangerous to human life.
The California Supreme Court has ruled that murder can be charged when a person does, “An act, the natural consequences of which are dangerous to life, which was deliberately performed by a person who knows that his conduct endangers the life of another and who acts with conscious disregard for life.” Under the Steven Ambriz Act, any death caused by a DUI offender can be prosecuted as murder, as prosecutors will have written proof that the offender was aware of the dangers of driving while intoxicated. Second degree murder carries a penalty of life imprisonment without parole under California law.
“The California Highway Patrol sponsored AB 808 and worked with assembly members in drafting the bill,” according to California Highway Patrol spokeswoman Fran Clader. “This bill serves as a means to educate and remind all drivers of the dangers of driving under the influence.”
“At the CHP,” Clader continued, “We put an emphasis on enforcing speeding, seatbelts, and drinking, as those are the three leading causes of fatalities on roadways. We believe that the passage of this bill will make headway into reducing the number of roadway fatalities.”
Mothers Against Drunk Driving also supported the bill during committee hearings, according to Mattias Mendezona, State Executive Director of MADD. “We testified in favor of the bill because the gravity and risks involved with drunk driving need to be apparent to all drivers.”
In California, 42 percent of all traffic deaths in 2006 were alcohol-related. Mendezona noted that, “Out of every 100 drivers, 80 comply with the drunk driving laws and 20 do not. It’s that 20 who cause all the problems.”
The Steven Ambriz Act was named after Assemblyman Todd Spitzer’s former Chief of Staff, Steven Ambriz, who lost his life in a collision with a driver under the influence of marijuana and methamphetamines.
“It’s unconscionable to me that you kill somebody because you choose to drive impaired and you serve half of 10 years, at most,” said Spitzer. “This bill is not only to honor Steve for his deep commitment to the Orange County community as an Orange Councilmember, a father, a husband, a co-worker, and a loyal friend, bit to ensure that district attorneys have the means to use second-degree murder charges when DUI suspects are involved in fatal crashes.”
To contact Alex Cantatore, e-mail acantatore@turlockjournal.com or call 634-9141 ext. 2005.
Originally published in the Turlock Journal 9/14/2007.
Retrieved from the Turlock Journal Web site.