Pitt praises DWI pretrial program in Waynesville, calls for Haywood to act
Ellen Pitt.
File photo
Ellen Pitt has dedicated the last two and a half decades to combatting drunk driving in Western North Carolina, and the one of the latest fronts in that fight involves her quest to get courts to use continuous alcohol monitoring bracelets for defendants in “high-risk” DWI cases.
Earlier this month, Pitt spoke to Waynesville’s town council to thank members and town staff for participating in a CAM bracelet pilot program through which those “high-risk” residents with pending DWI charges could be monitored for potential alcohol use.
“Your investment has paid off 100%, and you are now the flagship for the efficient use of technology that saves lives and taxpayer dollars,” Pitt told council members.
Cam bracelets work by monitoring gases emitted from the skin near the ankle, through which the presence of alcohol can be detected. The bracelets can also detect when someone removes or obstructs the sensor. In either event, a signal is sent to whomever is monitoring the activity. In this case, that’s Doug Oliver, the Haywood County resident who owns “Always Do Right, LLC.”
Oliver also spoke to town council, touting the bracelets’ effectiveness, noting that he had a 99.7% compliance rate throughout the pilot period.
“I just want to thank you all very much for entrusting me with that,” Oliver said, adding that he hopes to see the program continue well into the future.
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Those eligible for the program were town residents — regardless of the jurisdiction where they are charged — who were hit with a DWI and were eligible for a court appointed attorney. To be high-risk, someone could have been charged with a DWI where they had a BAC of 0.15 or higher, already had a DWI pending, had one or more DWI convictions in the last 10 years, had a minor child in the vehicle or were also charged with felony death or serious injury by vehicle. Individuals also had to be approved by Waynesville Police Chief David Adams, and prosecutors have additional discretion when determining who may be a “high-risk” offender.
But it seems not everyone is embracing CAM bracelets. Perhaps the biggest obstacle in Pitt’s efforts to see more devices used is the overwhelming popularity of ignition interlocks among state legislators. This year, Rep. Mike Clampitt (R-Swain) introduced a HB216 , which would have provided funding for pretrial CAM bracelets for high-risk defendants who are unable to pay for them on their own. Under the legislation, the money for the service would come from a 5-cent tax that would be applied to each bottle of liquor purchased from a North Carolina ABC store or distillery.
That bill died in committee. Likewise, Clampitt’s HB108, known as the Sober Operator Act, which among other things would have lowered the maximum allowed blood alcohol content for a driver to from .08 to .05, didn’t make it out of committee.
Meanwhile, HB789 would allow for a defendant to voluntarily place an ignition lock in their vehicle prior to a trial, something that would be considered a mitigating factor and could result in a less severe sentence. Under state law, people convicted of multiple DWIs or a more severe drunk driving offense are already required to use an interlock.
“The main intent behind this bill is to give people an avenue to take accountability when they screw up or make mistakes,” Rep. Mike Schietzelt (R-Wake), the bill’s primary sponsor, said at a press conference, according to a story in the News and Observer . That language mirrors that used by Pitt and Clampitt when arguing in favor of pretrial CAM bracelet use.
Schietzelt’s bill passed last month in the House, 100-7 (Clampitt was one of the no votes), and awaits a vote in the Senate.
During her comments to Waynesville’s town council, Pitt subtly expressed frustration with state legislators who “seem to always proceed to make decisions without information,” something she addressed more directly when she spoke at a Haywood County Commission meeting June 24, when she was discussing the potential value of CAM bracelets.
“The change in conduct is what we’re looking for,” Pitt said. They’ve introduced a bill about pretrial ignition interlocks (in the General Assembly). Ignition interlocks are antiquated technology. They keep a car sober, but they do nothing to change the conduct of the person.”
Pitt and Oliver have a meeting with County Manager Bryant Morehead in the coming weeks to discuss what a program through the county may look like. Pitt told The Smoky Mountain news that on average, a CAM bracelet costs $75 to install and $12 per day. For a 120-day pretrial (Pitt said she’s hoping for 120 days, but Waynesville’s program is only 90 days per person) use period, that equates to $1,515 per person. She expects a pilot program would include 30-50 people, making the total spent by the county likely to fall between $45,000 and $76,000.
“We want to do this for one year and stop and look back and see how it did, see if this is a good use of taxpayer funds,” Pitt said.
