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Local News January 18, 2008
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Solicitor call for tougher DUI, sexual assault laws in S.C.
By JOE L. HUGHES II Ledger Staff Writer joe@gaffneyledger.com

South Carolina 7th Circuit Solicitor Trey Gowdy issued a challenge to lawmakers on several key issues during a midday visit Monday to Limestone College and a meeting of the Cherokee County Republican Women's Club.

The solicitor shed light on some issues he says are being overlooked in Columbia, including the state's driving under the influence (DUI) and sexual assault laws.

"These laws are ridiculously weak and in my opinion are near the bottom of the list nationwide," Gowdy said. "Ask us what we can do because this is not helping us ... it is a joke."

Gowdy said there should be a penalty scale for people who operate a motor vehicle under the influence. Penalties would be determined by the number of prior offenses and blood-alcohol content (BAC) results from a breathalyzer test.

"The more drunk you become, the higher your risk to the public," Gowdy said. "Though the law states you are impaired with a .08 blood-alcohol content (BAC), studies show people are not a threat to the innocent public until they reach a .15 BAC. In my opinion, the law should take that into account by using a scale."

Gowdy also discussed what he claims are flaws in "Jessie's Law," which went into effect in 2006. According to the law, offenders are given a minimum of 25 years in prison with the potential for repeat sexual predators to get the death penalty. It forces child molesters to be monitored frequently by either probation officers or electronic monitoring devices.

Gowdy argues the statute makes it easier for offenders to find a loophole during a criminal trial.

"The law actually makes it easier to introduce certain types of evidence that can hurt a trial," Gowdy said. "These things are keeping us from getting some of the people who need to be behind bars who may have a wealth of prior convictions.

"Public safety is a paramount function of government. Residents of this state deserve legislators who have that specific thought in mind."


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