[MissoulaGov] committee update 2/15/10

[Bob Jaffe]

Greetings,
This morning in Public Safety we took up Dave's referral to criminalize refusal to submit to an alcohol or drug test. Here is the link to the referral:
http://www.ci.missoula.mt.us/DocumentView.aspx?DID=3131
Chief Muir explained the standard course of events of a DUI stop and how the test is usually implemented.  Mr. Nugent explained that our authority to create this ordinance was in a slightly gray area of the law but he thought we were safe to move forward.  Jason asked about what probable cause is established prior to requesting a test. Mark explained that an officer is trained to recognize impaired driving. Then they look for physical behavior or evidence suggesting impairment. Then they do a three part test where the driver holds one leg up and counts to thirty; then walks heel to toe while counting out their steps, turns around and walks back; then stares at an object like a pencil moving back and forth. If they fail the test then the officer asks them to blow.  The officer may also ask the driver to come to the hospital for a blood test. If the driver refuses the test they are subject to a civil penalty of having their license suspended for six months.  Dave's proposal is to make it a criminal offense to refuse the test punishable with a $300 fine on the first offense and $500 after that.
The gist of all this is that it is harder to get a DUI conviction without the evidence of the test. About 40% of the time people refuse to be tested.  I believe the intent is that the fine will discourage people from refusing the test, therefore leading to more convictions. I'm not so sure this will work. I'm guessing the 40% who refuse are the 40% who know it makes it harder to be convicted. They probably also know that it's well worth $300 or even $500 to avoid the conviction. But it will at least generate some fine money to offset prosecution costs.
Jed Taylor gave testimony raising concerns along constitutional lines. The Supreme Court has ruled (5-4) that these laws do not violate the fifth amendment right to not incriminate yourself. Should it be a crime to refuse an agent of the government's request to analyze your bodily fluids or emissions?
If this were outside the context of driving a vehicle I would definitely be against it. I'm generally of the mind that driving is a dangerous activity that should be regulated. When you get a license and drive on public roads you give your consent to be regulated. I do have some questions whether this ordinance will actually change anything even though it is a statement of sorts. A public hearing has been set and we will discuss it again in committee.

In conservation we received an annual report on the master parks plan. The Park's department has really accomplished some amazing things this year. Take a look at this document for some of the details:
http://www.ci.missoula.mt.us/DocumentView.aspx?DID=3091

In A&F we received a report from the North Missoula Community Development Corporation giving an update on the Burns Street Commons project. This is a Community Land Trust project on the corner of Burns and Cooley in Missoula's upper west side.  The seventeen units are adjacent to the Missoula Community Food Coop which is another project of the NMCDC.  This is the third community land trust project that the NMCDC has built. The others, Whittier Court and Clark Fork Commons have been very successful. These projects create a permanent stock of affordable homes in the community and help people make the jump from renting to owning.  Unfortunately the housing market crashed right about when this project came on line. So the sales have been slower than we hoped for. But things are starting to pick up again. If you are renting but would like to own your home you should take a look to see if this is a fit for you. People who buy before April 30th get an $8000 check from Uncle Sam. Here is a link to more information: http://nmcdc.org/lspburns.html. Please pass it on to friends who may have an interest.

In Public Works we learned that the construction bids for the Miller Creek roundabout, estimated at $2.7 million came in right at $2 million. But they said that once all the other expenses related to engineering and design get worked in, all the money will be eaten up. There are still some details to work out so the item was not ready to vote on today.

Thanks for your interest,

Bob Jaffe
Missoula City Council, Ward Three
1225 South 2nd West
Missoula, MT 59801
(406) 880-2052


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