Fri, Nov 20 2009

Published: November 09, 2009 03:40 am    PrintThis  

Bill memorializes those killed by drunken drivers Supporter's father killed in crash involving Derry woman

By Norma Love
Associated Press

CONCORD, N.H. — Wendy MacLearn left flowers by the side of the road where her father died and knows it is not enough: she doesn't just want people to know he's dead, she wants them to know how he died.

With the help of lawmakers, MacLearn is pushing a bill that would allow the state highway department to post signs near the site where people have been killed by drunken drivers, both as a memorial and to call attention to the dangers of driving impaired.

The signs would read "Please Don't Drink and Drive," with a separate plaque of a victim's name attached underneath.

MacLearn's father, Henry Magee, 76, of Bedford, died three years ago when 20-year-old Elise Estes of Derry crashed head-on into his car after a night of partying.

Estes, now 23, is to be released on parole this month after serving two years of a 2- to 15-year negligent homicide sentence, prison spokesman Jeff Lyons said. Estes declined to be interviewed.

"The idea is to give an outlet for these families rather than these homemade signs you drive by every day and wonder what happened," said Rep. Jayne Spaulding, the bill's prime sponsor.

Under the bill, families could apply for signs to be placed near the accident sites at their expense. The signs would be taken down after two years.

The state would continue its current practice of waiting six months to remove makeshift roadside memorials placed illegally in highway rights of way. Transportation Department spokesman Bill Boynton said the state tries to be sensitive to families' grief while respecting the rights of those who object to the makeshift memorials — which range from simple white crosses to lit Christmas trees.

"Just like with a lot of things, we don't like to be the memorial police," he said.

Signs would be placed on state roads and could not be placed along an interstate or an interstate on or off ramp. The bill does not cover accidents not involving drunken drivers or accidents on local roads.

A number of other states have sign programs, though there is little consensus on the details, such as how many years to leave signs in place and whether families should pay the full cost.

Spaulding, R-Bedford, helped sponsor a similar bill two years ago that passed the House but was derailed in the Senate over questions about how the program would work. That bill set a three-name limit to the memorials that could be attached to sign, which raised questions about what to do if more than three people died. One senator also questioned why that bill barred drunk drivers from being eligible for signs if the purpose was to educate the public of the tragic results of drinking and driving.

The new bill raises the limit to four names and allows the state to erect more than one sign in the vicinity if there are more than four victims, but makes no provision for memorializing drunken drivers.

State transportation officials have not estimated the cost to a family to erect a sign. Two years ago, they estimated the cost at $722 per sign, but witnesses told the Senate they hoped to raise money to help those who couldn't afford a sign.

Mike Pillsbury, the department's assistant director of operations, said the agency would use rules to handle the details, such as what to do if one family member wants a memorial and another does not.

Spaulding and MacLearn believe the program is too important to be derailed again.

MacLearn says if the proposed memorial signs make one person stop driving drunk, it will be worth it.

"It's going to make a difference to one person at least. You'll never know it, but you've saved two families that way. Not only was my family shattered but her family was shattered," she said.

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