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Article published Aug 15, 2004
S.C. lawmakers shouldn't play games with laws that can't be enforced

Once again, South Carolina lawmakers seem to have created a law that is of little use and can't be enforced.They did so with the seat belt law. Lawmakers were divided over whether the state should require motorists to buckle their seat belts, so they reached a compromise.They passed a law requiring seat belt use, but they prohibited police from enforcing the law. Police officers can't stop a driver for not wearing a seat belt. They can only cite a driver for violating the law if they stop him for another reason.They've done the same thing with thedriving under the influence law that was supposed to be stronger than the previous law.The General Assembly was under strong pressure to join the rest of the nation in passing a law that prohibited driving with a blood-alcohol level above .08 percent. Congress had passed legislation that would withhold federal highway funds unless the state enacted the law.A large number of lawmakers resented that pressure and resisted the law. Criminal defense lawyers also resisted a law that would make it harder to defend drunken drivers.So lawmakers passed another useless law that can't be enforced. They included a number of defenses in the law that prosecutors say makes the law difficult to use.So law enforcement agencies and prosecutors have been sticking to the old DUI law. Since the new law went into effect, only 728 drivers have been charged under its provisions. More than 32,000 have been charged under the old DUI law, The Associated Press reported this week.In the next legislative session, lawmakers will be asked to strengthen this law and the seat belt law. Congress may even pass another financial incentive for lawmakers to consider.They should commit themselves to passing only laws that are meant to be enforced. Passing laws that have no teeth and serve no purpose fosters a disrespect for state law and lawmakers.The General Assembly shouldn't play political games with the state's criminal laws. It should carefully pass well-written, clear and enforceable laws that reflect the rules under which the people of the state are willing to live.