SENATE JOINT MEMORIAL 61

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Kent L. Cravens

A JOINT MEMORIAL

REQUESTING THE TRAFFIC SAFETY BUREAU OF THE DEPARTMENT OF TRANSPORTATION TO CONVENE A TASK FORCE TO STUDY THE CURRENT EFFECTIVENESS OF IGNITION INTERLOCK REQUIREMENTS, IDENTIFY ANY AMBIGUITY IN THE LAW AND MAKE RECOMMENDATIONS TO STRENGTHEN THE REQUIREMENTS AND INDUCE POSITIVE BEHAVIOR CHANGE IN OFFENDERS.

     WHEREAS, New Mexico has had a progressive history of promoting the use of ignition interlock devices to reduce the incidence of driving while intoxicated; and

     WHEREAS, the first ignition interlock law was passed in 1999 and gave judges the option to sentence second- and third-time offenders to use of an ignition interlock; and

     WHEREAS, in 2002, the use of an ignition interlock was made mandatory for all subsequent and aggravated convictions of driving while intoxicated; and

     WHEREAS, in 2003, an ignition interlock license law was enacted providing an alternative after revocation of a person's driver's licence by allowing offenders to drive as long as they drive a car equipped with an ignition interlock; and

     WHEREAS, in June 2005, New Mexico became the first place in the world to require everyone convicted of driving while intoxicated to install an ignition interlock for at least one year; and

     WHEREAS, ignition interlock use has resulted in more ignition interlock installations than anywhere in the country, more publicity regarding driving while intoxicated, more prevention and treatment and more enforcement of driving while intoxicated laws; and

     WHEREAS, research shows that ignition interlocks reduce recidivism by forty to ninety percent among both first-time and repeat offenders; and

     WHEREAS, in New Mexico, the percentage of drivers who are rearrested within one year of a driving-while-intoxicated conviction was reduced from fourteen percent in 1993 to less than six percent in 2006; and

     WHEREAS, alcohol-involved crashes were reduced by thrity-one percent between 2002 and 2007, resulting in a thirty-nine percent decrease in the number of people injured in those events; and

     WHEREAS, there have been thirty-seven percent fewer fatalities due to alcohol-involved accidents since 2002, and fatalities are projected to continue to decrease; and

     WHEREAS, despite the great success of the ignition interlock license law, there may still be areas where the law could be strengthened; and

     WHEREAS, a significant disparity exists between the number of convictions for driving while intoxicated and the number of ignition interlocks installed, suggesting that there is a lack of compliance with the law; and

     WHEREAS, ignition interlock devices alone may not result in desired behavior changes, but, when combined with treatment and other sanctions, can instill sober driving habits; and

     WHEREAS, continued progress toward the safety of New Mexico roads and the protection of all New Mexico drivers and passengers remain important goals;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the traffic safety bureau of the department of transportation be requested to convene a task force to study the current effectiveness of ignition interlock requirements, identify any ambiguity in the law and make recommendations to strengthen the requirements of the law and induce positive behavior change in offenders; and

     BE IT FURTHER RESOLVED that the task force include representation from the motor vehicle division of the taxation and revenue department, the ignition interlock vendor industry, the New Mexico DWI czar, mothers against drunk driving, the office of the attorney general, the New Mexico sheriffs' and police association, the adult probation and parole division of the corrections department, the New Mexico district attorney's association, the New Mexico criminal defense lawyers association, a metropolitan court judge and a magistrate judge; and

     BE IT FURTHER RESOLVED that the study explore the potential for improvements in such areas as data collection and accessibility of information to the courts, offender monitoring, affordability of ignition interlocks for the poor and indigent and adequacy of behavior modification approaches; and

     BE IT FURTHER RESOLVED that the study consider ways to enforce the law with offenders who claim they do not have access to a car but who are later found to be driving without an ignition interlock; and

     BE IT FURTHER RESOLVED that the study identify reasons for the differences in implementation and enforcement between counties; and

     BE IT FURTHER RESOLVED that a report of the findings and recommendations of the task force be presented to the appropriate interim legislative committee by October 1, 2009; and

     BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the traffic safety bureau of the department of transportation.

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