Mom petitions for inattentive driving bill

BOISE (AP) - A grieving Idaho Falls mother is hoping a new bill will prevent tragedy for other families after her 11-year-old daughter was killed when a driver with uncontrolled diabetes crossed the center line and slammed into the car in which the girl was a passenger.

Pat Tucker is at the Idaho Legislature, asking lawmakers to punish drivers like the one who killed her daughter, Cady, should they slide behind the wheel without properly treating conditions like diabetes and epilepsy.

The driver who caused the crash was never even ticketed, Tucker said.

That would change under her proposal, sponsored by Idaho Falls Republican Rep. Janet Trujillo. The bill could open up drivers to criminal charges if they fail to treat known medical problems. The misdemeanor inattentive driving charge would carry fines and up to 90 days in jail.

"It is the statement by society that a wrong has been committed, an unnecessary death occurred because of wrongful behavior," Tucker said. "In our case, as a family, we did not get that."

Drivers who cause fatal or injury accidents could face additional charges, Trujillo said.

Cady Tucker would have been 23 next Sunday. Her mother remembers her as a fast runner and a creator of elaborate Halloween costumes.

Trujillo's bill found footing Thursday in the House Judiciary Committee - it was cleared for full House debate - despite some misgivings it could be too tough on some drivers.

Some lawmakers said it could create a hardship for people who lack insurance or can't afford medication, but still need to get to work. They also expressed concerns about a law lumping together people who completely ignore their medical condition with those who forget to take their insulin shot one morning after years of responsible care.

Others questioned whether the measure would bar older motorists with heart issues from driving altogether, because of the risk of heart attack.

"Many of us, as we age, know that we have heart conditions and other things that may or may not need imminent treatment," said Rep. Kathleen Sims, R-Coeur d'Alene.

Rep. Grant Burgoyne, D-Boise, countered that saving a life trumps the privilege of driving, likening climbing behind the wheel with a known untreated condition to someone operating a vehicle with faulty brakes.

"We are responsible to each other in this society," he said. "I can be awfully careful, but I can't guarantee that nothing bad will happen to me and my family if you're coming down the road drunk or untreated in your medical issue and run into us."

Tucker said she was "thrilled" with lawmakers' decision to give the bill further debate.

"This is one of the most gratifying experiences since my daughter was killed," she said. "It takes a senseless, preventable death and turns it into something good for others."