Stiffer penalty in construction zones created

Heather Rawlyk

Monday, Jan. 19, 2004 | 9:23 a.m.

Gov. Kenny Guinn on Friday dedicated a new law to a 42-year-old Boulder City woman who was killed on the job in Las Vegas by a drug-impaired driver.

"Lezlee's Law" imposes double penalties for reckless driving in all road constructions zones, whether or not the area is fully marked as a construction site and even if workers are not in the construction site. Prior to the new law, double penalties were imposed only for speeding while workers were present.

The law also raises the maximum fine to $2,000 instead of the previous $1,000 limit.

It is named for Lezlee Johnson, who was struck by a vehicle while working as a flagger at a road construction site in May 2002. The driver of the vehicle, Roy Johnson, no relation to Lezlee, was found to be under the influence of Xanax, methadone and morphine at the time of the crash.

He pleaded guilty to DUI and was sentenced to seven to 20 years in prison last November.

Family and supporters of Johnson were present for the ceremony at the Sawyer State Office Building Friday, including her mother, Johnell Brawley, her 13-year-old son, Justin Johnson, and Assemblywoman Vonne Chowning, D-North Las Vegas, principal sponsor of "Lezlee's Law." They wore buttons featuring a picture of Johnson. So did Guinn.

"This law is made to honor Justin's mother," Chowning said.

"She tragically died, but we're hoping her story will serve as a strong message to drivers and can prevent further accidents in the future.

"Lezlee's Law is to send a strong message that no longer will it be tolerated when prosecution does not take place in these situations.

"Hopefully, this will make Nevada roads safer for all people to drive on and work on. Most people don't understand that 40 to 50 percent of accidents and injuries (in construction zones) are when workers aren't present. The bill is hopefully going to keep drivers safe."

Although family and supporters were happy to see the bill re-signed, they are still pushing to expand penalties further.

Brawley said she wants lawmakers to expand the sanctions in 2005.

"Assembly Bill 444 does a lot of good things, but it would not have affected my daughter's killer," she said. "While it doubles penalties for felony reckless driving and felony evasion of a police officer, it only applies to misdemeanor DUI."

Brawley said the next step needs to be automatic doubling of penalties for felonious alcohol or drug-impaired driving.

Chowning agreed.

"We're asking that this be used as a springboard and as a brave first step," she said. "The next session we would like to address felony DUI. If that had been in place at the time of Lezlee's death, the killer would have gotten a minimum of 14 years instead of seven."

For more information about the ongoing safety campaign, visit the website (www.lvlaborerssunion872.org).