Bill backs taking The last thing Nicholas Tudisco remembers from his accident Sunday is crashing into a concrete wall, according to his attorney, Michael Green.
cars from speeders
Rep. Gomes' plan would confiscate
cars from those guilty
of speeding past 99 mphBy Rod Antone and Nelson Daranciang
rantone@starbulletin.com
ndaranciang@starbulletin.comPolice said the 18-year-old had been racing another car when he hit the concrete median, ricocheted off and rear-ended a van, killing Holy Trinity School teacher Elizabeth Kekoa.
But while Tudisco's memory is blurry, Green said his grief over Kekoa's death is not.
"He looked like all the blood's been sucked out of his body," Green said yesterday.
The tragedy and the death of 18-year-old Logan Fujimoto, whose speeding car flew off the H-1 freeway just past the Waialae Avenue off-ramp in June, has prompted lawmakers to consider increasing penalties to curb speeding and racing.
"The recent tragedies that occurred on Oahu's roads are a clear example that we must do more to hold irresponsible drivers accountable for their reckless conduct," said state Rep. Joe Gomes (R, Waimanalo-Enchanted Lake). "Except for emergency vehicles, there is no good reason why any car on our highways should be traveling at speeds near or in excess of 100 miles per hour."
Police estimate Tudisco's speed before impact was nearly 100 mph. Witnesses told investigators other vehicles were also on the H-1 Freeway, acting as a rolling roadblock to other cars on the freeway Sunday morning.
Gomes' office yesterday issued a news release, which included plans for a bill that would increase penalties for those drivers caught speeding in excess of 99 mph. They include six months mandatory incarceration and revocation of the driver's license for up to five years for first-time offenders. Second-time offenders could face up to one year mandatory incarceration, license revocation for up to 10 years, and automatic seizure and forfeiture of the vehicle.
"It is obvious that the threat of a high-priced ticket and a few points on a driving record is not enough to deter some drivers from excessive speeding," Gomes said.
However Gov. Ben Cayetano is not convinced the increased penalties would work.
"These people will do some of these things because they are young," Cayetano said of the racers. "I don't think that confiscating vehicles is really going to prevent this."
The governor said there are penalties in place now for such illegal activities and additional sanctions such as forfeiture really have to be thought out.
The bill also raises questions for American Civil Liberties Union head Brent White, who said such a law "seems excessive."
"I do believe it raises some serious problems as far as the Eighth Amendment," White said. The Eighth Amendment states: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
However, White adds that the law would be "very hard to challenge," especially when other states have had similar laws upheld by the U.S. Supreme Court, he said. One example is Michigan's nuisance abatement law, which allows authorities to deter prostitution through confiscation of vehicles and fines to recoup costs of trying a case.
"The Supreme Court upheld that law in a 5-4 decision," White said.
Since February 1999, the New York Police Department began seizing vehicles from people charged with drunken driving. Statistics released last month show that over the last two years, NYPD arrested nearly 9,000 people for drunken driving and seized over 4,000 vehicles.
Some car and import enthusiasts are concerned that Tudisco's accident would cause police to unjustly target all car owners whose vehicles were modified like Tudisco's, whose Honda had high-performance parts installed. But some were positive to a law that looks at speed rather than the car.
"I feel that the going over a 100 mph law is actually a good one," said Jensen Kona, 19. "I mean, who needs to be going that fast anyway? And I think that getting your car taken away is fair, if you are going that fast. There's no excuse for that kind of speed, especially on roads where there are innocent people."
Others believe consequences for speeding should be increased, but not to the extent that Gomes is proposing.
"That's harsher than someone getting caught for a DUI, which I think is much more serious than speeding," said Reg Patague, 25. "I agree there should be serious consequences, but maybe confiscate someone's car on the third offense instead of the second."
Kekoa, 58, was sitting in the front passenger seat of the van. Her husband, Wally Kekoa, 68, was driving the van. He is in fair condition at Queen's Medical Center. Elizabeth Kekoa's mother, Rose Davis, 79, was riding in a rear passenger seat. She was in critical condition in Queen's Intensive Care Unit.