Laura’s Law Seeks Tougher Penalties For DWI Offenders

A new bill proposed Tuesday in Raleigh would toughen the laws and punishment that applies to repeat DWI offenders.

The bill is called Laura’s Law in honor of 17-year-old Laura Fortenberry, who was hit and killed by a man suspected of driving drunk.

PDF: Laura's Law

WATCH: Lawmakers Unveil Laura’s Law

CELL PHONE VIDEO: Laura's Mother Attends Announcement Of Filing

“That's what hurts the most, I think. Not knowing what she was going to become. What she was going to do with her life,” Fortenberry’s mother, Michelle Armstrong, said.

Troopers said Howard Pasour crossed the center line on Dallas-Cherryville Highway near Dallas, killing Fortenberry and injuring her two friends.

Pasour had been convicted of DWI three times before the fatal crash and his license had been revoked. Records show Pasour spent a total of 37 days in jail for his second and third convictions.

He is now in jail awaiting trial on a charge of second-degree murder.

Judges can sentence repeat offenders up to two years in prison, but Rep. Tim Moore, who introduced Laura’s Law on Tuesday, said most offenders only serve a third of that.

If the bill passes, a person convicted of a second DWI would serve between four months and three years without the possibility of parole.

“There's all this talk about getting serious about DWI. But getting serious about getting DWI means increasing the penalties and sending people to prison,” Moore said.

But some DWI experts are concerned that the in-patient treatment would no longer be allowed instead of jail, which is permitted now.

Attorney Bill Powers said legislation needs to focus on rehab and alcohol monitoring.

“If you want get people to stop drinking and driving, you've got to get them to quit drinking,” Powers said.

A first, second and third DWI are currently misdemeanors, and a fourth DWI is a felony that carries at least a year in prison.

Moore said changing a felony statute is a more challenging process.

But Powers said a misdemeanor shouldn't carry so much prison time.

“Anytime that you have the unintended effect of a misdemeanor being punished greater than a felony, that's worrisome in my mind,” he said.

The Department of Corrections said 83 percent of the more than 1,200 inmates in prison for DWI are repeat offenders.

“They're going to do it again,” Armstrong said. “Why keep trying to rehabilitate them? Some people just are not going to learn.”

Armstrong said no parent should have to experience her pain. She thinks because the law will save lives.

Debate on Laura's Law is expected to last six to eight weeks. If it passes, it will take effect at the end of the year.

Additional Information:

SCRAM BraceletsAlcohol Monitoring Information BookletOnline Petition For Laura's LawFacebook Group For Laura's LawRep. Tim Moore's Blog

Previous Stories: January 31, 2011: Lawmaker To Push For Stiffer Drunk Driving Laws October 26, 2010: Suspect In Fatal Crash Charged With 2nd-Degree Murder, DWI August 10, 2010: Volunteers Build Wheelchair Ramp For Teen Hurt In Crash August 4, 2010: Judge: Statewide DWI Courts Could Curb Repeat Offenses July 29, 2010: Lawmaker: Repeat DWI Offender Shows Holes In System July 27, 2010: Judge Sets Bond At $4M For Driver In Fatal Crash July 26, 2010: Man Charged With Second-Degree Murder In Crash