Tim Ryan, tryan@wolfrivermedia.com
State legislators from the area say they are looking into Shawano County Sheriff Adam Bieber’s call for a stricter inattentive driving law, but there was some skepticism about whether it could be enforced.
“It’s a tough one,” said Sen. Robert Cowles, R-Green Bay.
Bieber said he has been contacting state legislators with proposed changes in the state’s inattentive driving law that would give law enforcement more leeway for prosecution.
Bieber said he was motivated by the death of highway worker Derek Stempa, who was struck by a vehicle at a road construction site in May, as well as other accidents caused by inattentive driving.
Stempa, 30, of Shawano, was working as a flag person at the intersection of state Highway 47 and County Road G on May 26 when he was struck by a southbound 2003 Dodge Caravan driven by Dennis St. John, 69, of Tigerton.
According to Bieber, the investigation showed that St. John had one dog in his lap and another on his shoulder, and was fumbling with an oxygen mask at the time he struck Stempa.
St. John passed away on Aug. 17 of advanced chronic obstructive pulmonary disease before charges could be filed.
Bieber’s suggested changes to state law specifically address the presence of dogs in vehicles. He has suggested the following language to state legislators:
“While operating a motor vehicle, no operator shall hold in the operator’s lap, or allow to be in the driver’s immediate area, any person, animal, or object which interferes with the driver’s vision and control over the driving mechanism and operation of the vehicle.”
Cowles said such language could, in theory, be added to state statutes.
“But can you enforce it?” he said. “Or do you just hope people are going to use common sense?”
Cowles noted there are already laws on the books covering the use of cell phones and texting behind the wheel.
“There are a lot of ways to have inattentive driving,” he said.
Cowles said increased educational efforts to make drivers aware of the dangers of inattentive driving might be more effective.
However, Cowles said, his office would explore the possibility of offering changes to the state law that could further crack down on inattentive driving.
“We’ll be exploring any reasonable solutions,” he said.
Craig Arrowood, a spokesman for Rep. Gary Tauchen, R-Bonduel, said Tauchen’s office is already looking into the possibility of additional language in the inattentive driving law.
“We saw what happened with Derek Stempa in May,” he said, calling his death “a preventable tragedy.”
Arrowood said the office is looking at laws in other states and consulting with the National Conference of State Legislators.
He said the office has also reached out to the state Legislative Reference Bureau for guidance.
Arrowood said feedback would also be sought from law enforcement.
“We want to make sure whatever we do is useful for law enforcement,” he said. “We want to work with law enforcement to make sure it does what it’s intended to do.”