Drugged drivers could face stiffer penalties

Jennifer Coleman

Thursday, April 1, 1999 | 5:22 a.m.

CARSON CITY -- William Faber was killed in February 1997 after driving his daughter to school in Henderson. A motorist, stoned on marijuana, crashed at high speed into Faber's car.

"He really never had a chance," Faber's mother, Carol Grant, told the Senate Judiciary Committee on Thursday.

The crash left his parents, wife and three children determined to see the man responsible for Faber's death behind bars. But that never happened.

Instead, Louis Dante Gallo, then 18, plea-bargained with prosecutors and was sentenced to six months' house arrest, community service, probation and a fine for felony reckless driving.

Prosecutors told Faber's family they couldn't prove Gallo was impaired because there isn't a standard for drivers with drugs in their systems as there is for drunk drivers.

SB481, by Sen. Jon Porter, R-Boulder City, would change DUI laws to apply to any driver with a detectable amount of a controlled substance in a blood test.

Supporters of the bill, including Mothers Against Drunk Driving and the Nevada Highway Patrol, say the problem of drugged drivers is as dangerous as drunken drivers. They added Porter's measure mirrors laws in nine other states.

The Nevada Department of Transportation released figures showing the number of crashes involving drivers under the influence of drugs has increased from 97 in 1995 to 163 in 1997.

But opponents of the bill asked how authorities will be able to determine whether someone is actually impaired by drugs when an accident occurs.

David Schieck, of Nevada Attorneys for Criminal Justice, said the bill would target anyone with a detectable amount of a controlled substance in their body - or even in their hair.

"These substances remain in your system longer than their effects last," he added.

David Gibson, a Clark County deputy public defender, said the substances could include over-the-counter cold remedies that can break down in the body to substances that are similar to amphetamines.

"I want people driving under the influence and impaired to be off the highways," Gibson said. But he added it's not fair to make criminals out of people who just have some residue of drugs in their system.

Ben Graham of the Clark County district attorney's office suggested eliminating the testing of hair or tissue for drugs would narrow the definition. He also agreed that finding a trace of drugs wouldn't necessarily mean a person was impaired when driving.

Porter acknowledged the measure has problems, but added that the bill would encourage more accurate standards and testing.