ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: FRIDAY, March 24, 1995                   TAG: 9503240064
SECTION: EDITORIAL                    PAGE: A-12   EDITION: METRO 
SOURCE: 
DATELINE:                                 LENGTH: Long


A JUDGE'S RISKY, WRONG CALL

I'M APPALLED at General District Judge George Harris' decision (March 10 article, ``New DUI law in jeopardy'') to allow a person driving under the influence of alcohol to go free over a technicality (double jeopardy). He took it upon himself to defy the intent of the state lawmakers, and to potentially risk the safety our citizens.

It seems that just about every other judge in Virginia understands the difference between the seven-day license suspension under administrative revocation, which is a civil matter regulated by the Department of Motor Vehicles, and driving under the influence of alcohol, which is a legal matter ruled by a court of law. The difference would make it clear that the person in question wouldn't be tried twice for the same crime (double jeopardy).

It really boils down to the fact that driving a motor vehicle isn't a constitutional right guaranteed under law in Virginia, but rather a privilege that DMV has the right to suspend.

The General Assembly makes the laws, and judges are supposed to enforce them. As public servants, judges should enforce the laws handed down to them, and do whatever it takes to maintain the safety of those they represent.

As a parent who has lost an innocent child to a drunken driver, I find it hard to believe that Harris would dismiss a DUI case that has the potential of killing innocent people. I truly hope he doesn't have to deal with any injury or fatality on his conscience.

This is another instance where we the people get fed up with the system, and maybe another good reason to elect judges in Virginia, to hold them accountable to the people and not just to their peers who recommended them for appointment.

A person is innocent or guilty, and all those found guilty of DUI should receive the same sentence under the law. The law shouldn't depend on which judge you appear before, what mood he or she might be in, or whether or not you can afford a high-priced attorney to get you off. All of us would be much better off if judges would concentrate more on doing the right thing, and less on technicalities of the law.

GEORGE R. PELTON

ROANOKE

Politicians need citizens' prayers

REGARDING Carl R. Padgett's Feb. 22 letter to the editor, ``All politicians are bad apples'':

Most politicians dedicate themselves wholeheartedly to making this world a better place to live. One act of greed, rudeness or selfishness can unfairly label a group of politicians, doctors, lawyers, teachers, ministers or clerks. However, I know that one bad apple doesn't spoil the whole barrel - you remove the bad apple. With politicians, you do that at election time.

Perhaps if citizens took the time to pray for our leaders, asking that they be given guidance, wisdom, ability and sane judgment to govern us, we'd be doing our part as citizens. Let's all pray for faith instead of disbelief, love instead of hate, and peace instead of quarrels.

I take great pride in our Capitol. As for Newt Gingrich's comment, ``the Capitol is a sick place where Democrats and the news media conspire'' against him - what can we expect from a man who called the president's wife a bWhether our president is a Democrat or Republican, we should respect him and his family.

GERRI K. RORER

SALEM

Yesterday's leaders would be appalled

IMAGINE for a moment that George Washington, Thomas Jefferson, George Mason, Patrick Henry and other great Virginians were invisible witnesses of this past session of the General Assembly in Richmond. I wonder if they're pleased with the present state of government, which they purchased with their comfort, fortunes, blood and lives?

I wonder what they think of the dirty, slimy, selfish, special-interest-serving prima donnas who have just slunk back into the dens of their respective districts across this great state? I wonder what they think of the powerful lobbyists who can all but write their own laws? I wonder what they think of the ``work'' that was done as legislators played stupid, petty power games among themselves and with the governor?

And they must be astounded by the lemming-like voting of Virginians who return these scoundrels to office, election after election.

The saddest element our forefathers would note is the almost total lack of statesmanship in our state government. Visitors to the Virginia Capitol should take their own integrity with them, for they'll find little of it upon their arrival there.

Is there a Washington, a Jefferson, a Mason or a Henry alive in Virginia today? Is there a leader willing and able to determine the right, champion the right, vote for the right and let the votes fall where they may?

CLONNIE H. YEAROUT

ROANOKE

The real heart of the abortion issue

J. CARL Poindexter presented an argument (March 3 commentary, ``Only women should decide abortion law'') for why only women should decide abortion issues. Like current abortion policy, the argument was flawed.

He states that the beginning of the fetus' heartbeat is of no more biological significance than the thrashing of the male sperm. I'm not well-versed in biology, but I understand that, although the human body goes through numerous changes in a lifetime, the one factor used to differentiate between life and death is the presence of a heartbeat. When the brain stops functioning, the individual is brain dead. When the heart stops beating, the individual is dead. So, if the cessation of a process defines death, what do we call the initiation? For many of us, that word is ``life.''

Poindexter confuses the contraception issue with the abortion issue. The American Heritage Dictionary defines contraception as the ``prevention of conception.'' It says to abort is ``to terminate pregnancy prematurely.'' Contrary to what he claims, the pro-life community isn't ``logically'' tied to any issue on contraception, but is unified behind the principle that once conception takes place no one has the ``right'' to terminate that pregnancy prematurely.

He also claims that since the pro-life community's position is espoused by many religious organizations, government is prohibited from supporting that position. Virtually every known religion condemns the unwarranted taking of life or property. Poindexter's flawed logic would prohibit government from imposing ``enforcement of religious tenets on those who do not believe in them.'' If this logic takes hold, my guess is that murderers and thieves will be quick to assert their ``right'' to be free from religious interference. The fact that a principle is established in religious communities makes it no less compelling for society in general when the issue is protecting a class of people who cannot speak for themselves.

The issue is whether a baby is a human being, regardless of its stage of physical development. After all, our bodies are really nothing more than a ``fertilized collection of fetal cells.'' Some of us have developed longer than others; some have never been given a chance. One day, our society can rejoice in the triumph of a group of human beings who had to depend on the voices of others to plead their case.

JONATHAN D. COUCH SR.

CHRISTIANSBURG

Digging a sinkhole for the states

NOW THAT the Republican majority have settled down in both houses of Congress under the leadership of Newt Gingrich and Robert Dole, be prepared to accept an increase in state and local taxes. National leaders want to abandon their responsibilities of raising taxes and place that burden on state and city leaders. Old Newt and Bob say, ``Let local leaders get the full blast of the voters' venom!'' Brother, that's going to happen!

The programs promulgated by the national government have a bigger tax base to work with. There are more than 250 million citizens who pay taxes to the national government while there are about 6.5 million Virginians who pay into state and local coffers. Who has the greatest amount of money for all the programs now in existence? It's easy to see that the federal government has.

If the federal government dumps the responsibilities of some programs on the states, who will then pay for them? You got it right - you! And you'll be paying more for what you now have been getting for less of your money since costs have been spread over a larger base. And if you think your federal income taxes will go down, think again.

Have the 50 states fallen into a giant sinkhole? If you think the sinkhole on Interstate 81 was big, wait until you see the state and local sinkholes!

ROBERT H. LADD

VINTON



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