Representative Mark Waller

Eliminates the mandatory 5-day jail sentence for a person who is convicted of driving a motor vehicle with knowledge that his or her license or privilege to drive is under restraint for any reason other than conviction of driving under the influence (DUI), DUI per se, driving while ability impaired (DWAI), habitual user, or underage drinking and driving.   To be clear this bill does not remove jail as a sentencing option, it only removes mandatory jail.  The goal is to give judges more flexibility to sentence offenders appropriately.  Under the current law we cast too broad of a net.  We send minors to jail if their driver’s license is suspended for points and they get caught driving.  This isn’t a decision we should be making at the legislature.  We need to leave that to judges who are well versed in the law and can look at each case individually.

Signed into law by the Governor on 3/29/2010