Despite the previous emotional testimony against the measure, a State Senate Panel on Thursday approved a law that ensures that drunk drivers who kill or seriously injure someone must spend at least two years behind bars before being released on a schedule of house arrest.
Senate Bill, sponsored by the Nevada Attorney General Catherine Cortez Remained and the result of a series of investigative Reno Gazette-Journal award-winning topics DUI in Nevada, now moves to the full Senate for a vote.
The RGJ reported last year that some offenders were released on a DUI program under house arrest after spending only a few months in jail, despite being sentenced to terms of two to five years.
Following the report, Digger admitted that his Office had given the wrong advices Nevada Department of Corrections, which allowed them to release the trespassers on the special program. Following his decision, eight DUI offenders in prison where the mandate back to serve their terms of minimum two years.
During last month's hearing on the Bill, parents of Jessica Winkle, one of the eight, testified that she was not a "demon" and should be released. Carol Ortiz, mother of Winkle, told lawmakers that she had followed all the rules of the program under house arrest and deserved to be given credit for that time. She urged the Committee to vote against the Bill.
But on Thursday, the Panel disagreed, and Angela Post, the mother of 21-year-old who was killed by Winkle, praised their decision.
"Speaking on behalf of my son, Hudson Post and all those who have lost loved ones, I think this Bill pass is going to be a good thing for the future victims of drunk drivers get the justice that has been promised and deserve," he said.
Winkle had left a wedding and was driving drunk on Mount Rose highway on September 20, 2008 when he turned the Post into the path of Hudson, who was on a motorcycle. He died at the scene. She was 19 at the time, and he was 21.
Hudson's father, David Post, added: "it's good to know that there is still someone who isn't asleep at the wheel".
And Laurel Stadler, with the Northern Nevada DUI Task Force, praised the decision of the Senate Judiciary Committee passed the Bill.
"That was exactly the right thing to do," said Stadler.
But Scott Freeman, Jessica Winkle's lawyer, said he would continue to "bring our arguments against the Bill to the House".
Assuming the Bill passes the Senate, would likely go next to the House Judiciary Committee.
"We believe that the Department of Corrections still should have the discretion to House offenders who believe are appropriate facilities, including the residential confinement," said Freeman.
He also said that the Bill will cost taxpayers, "an enormous amount of money should go." On the contrary, people released on house arrest charged for their imprisonment, he said.
After Winkle was sent back to prison, Freeman has filed a request with the Nevada Supreme Court asking the justices to clarify the law on arrest for DUI offenders and asking them to order the release of Winkle.
Oral arguments on his quote are scheduled for April 4.
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