Pubdate: Sun, 05 Jan 2003
Source: Bluefield Daily Telegraph (WV)
Copyright: 2003 Bluefield Daily Telegraph
Contact:  http://www.bdtonline.com
Details: http://www.mapinc.org/media/1483
Author: Mark Blevins

PROSECUTORS SEEK TO STIFFEN PENALTIES FOR METHAMPHETAMINE PRODUCTION

PRINCETON - The West Virginia Prosecuting Attorneys Association has several
items on its agenda to present the Legislature in 2003. Bill Sadler,
prosecuting attorney for Mercer County and vice president of the WVPAA, said
the methamphetamine penalty in the state needs to be addressed.

Present law regarding the manufacturing of methamphetamine is very broad and
isn't distinguished from the manufacturing of controlled substances like
marijuana, according to information provided by WVPAA. "The dangers in the
manufacture of meth, coupled with the seriousness of the problem," are the
reasons Sadler said a change in the penalty is needed.

"Our area hasn't been hit hard, yet. We're predicting it will. Meth is
highly addictive," Sadler said. "It took off in the Midwest several years
ago." Sadler said the drug is usually popular first in rural areas and then
spreads to cities.

Communities face danger from harmful fumes and chemicals used and produced
in meth labs, Sadler said. The association believes it should be
distinguished from the manufacture of other controlled substances by
enacting higher penalties relating to meth trafficking and production,
according to information provided by the WVPAA. "Legislation needs to
address the use of methamphetamine," Sadler said.

The association also wants the legislature to address permitting involuntary
blood samples from impaired drivers. The West Virginia Supreme Court of
Appeals recently ruled that a motor vehicle operator suspected of driving
impaired can refuse a blood sample. The decision also prohibits police from
obtaining a search warrant for testing of the driver's blood, according to
information provided by the association.

Sadler said the statute relates to driving under the influence of controlled
substances, as well as alcohol. If a blood test is refused and a search
warrant is unavailable it is impossible to determine whether or not the
defendant has any drugs in his or her system.

"Recent case law has rendered the state's drunk driving statute more of a
hindrance rather than an aid to law enforcement in combating drunk driving,"
Sadler said. "As a result of this decision, West Virginia's drunk drivers
are provided with a higher degree of protection than other criminal
suspects. DUI's shouldn't be different from any other crime."
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MAP posted-by: Josh