Drunk driving bill would create loophole

"Constitutional protection is not a loophole," said Rep. Rick Maedje, R-Fortine, in defense of a bill that would allow someone arrested for drunken driving to call an attorney before submitting to a blood alcohol test.

Problem is, Maedje's bill would have been a gigantic loophole for the worst drunk drivers, and it would have run counter to everything that has been done to discourage driving "under the influence." Fortunately, the bill was tabled in committee after no one spoke in support of it.

Maedje's intent was to provide those arrested with legal counsel before they went along with providing evidence that could be used against them. That may sound reasonable, but courts have repeatedly upheld the ability of police to gather evidence in the field to support a drunk driving arrest.

That includes breathalyzer tests. An attorney consultation requirement would certainly be exploited by attorneys and the most habitual offenders.

The most effective attorneys would not call back to provide legal advice, giving their clients enough time to sober up. They would consult with their clients the next day, preferably.

And if the police did not wait for this required consultation to happen, an effective attorney would argue that it would be grounds for dismissing the charges.

There are probably other creative ways to exploit this would-be law for what it is: an escape hatch for drunk drivers.

The story of Brandon Patch, an 18-year-old Miles City pitcher who was killed in 2003 by a baseball hit off an aluminum bat, was the focus last week as the Legislature deliberated a ban on aluminum bats.

It's a sad story, indeed, but the state Legislature is not the appropriate arbiter for changing rules on a playing field.

Our citizens' Legislature is in session for 90 days, and is charged with managing the state's business, and concerns of taxpayers. It cannot and should not be the venue for solving all problems in all arenas.

Prohibiting aluminum bats, or requiring players to wear protective gear, is clearly the responsibility of the American Legion baseball league and the players and parents who participate in the league.

Other sports, including hockey and football, involve inherent risks that have caused death and injury. But it's not a government duty to protect athletes from all possible harm.

The responsibility for that needs to stay with leagues, parents and players.