Latest news with #Bobby'sLaw
Yahoo
30-04-2025
- Yahoo
Governor signs Bobby's Law, imposing tougher drunk driving penalties
Apr. 29—Gov. Greg Gianforte put Bobby's Law on the books Friday, increasing statewide penalties for drunk driving. The legislation was introduced by Rep. Braxton Mitchell, R-Columbia Falls, to address what proponents of Bobby's Law considered a loophole in the felony prosecution of drunk drivers involved in fatal collisions. The issue came to the forefront in 2023, after Columbia Falls resident Robert "Bobby" Dewbre was struck and killed by a drunk driver days after his 21st birthday. The driver was eventually charged with two misdemeanors for the incident and received the maximum sentence of 18 months. Flathead County Attorney Travis Ahner alluded to the requirement to prove negligence as a reason the county decided against pursuing felony charges. While the driver boasted a blood alcohol content of 0.20, he had reportedly followed all traffic laws leading up to the incident. Under Bobby's Law, any driver involved in a traffic fatality can be charged with a felony if their blood alcohol content is equal to or above 0.16, regardless of whether they otherwise acted negligently. Offenders face a state prison term of between three and 30 years, a fine between $10,000 and $50,000 or both. Dewbre's mother, Beth McBride, was among the bill's staunchest supporters. She said the law's signing felt surreal after months of legislative hearings and convoluted amendments. She is grateful that the work paid off. "It means Bobby didn't die in vain," said McBride. "It means other families won't have to suffer injustice. We can't turn back the clock, but we can make it right for future families." After her son's death, McBride and her daughter, Carli Seymour, founded a grassroots advocacy group called the Montana Bar Fairies. Volunteers with the group deposit coffee gift cards on cars left in bar parking lots overnight, with the goal of encouraging safe transportation options after drinking. The group also played an instrumental role in the passage of Bobby's Law. Dozens of members attended hearings in the Montana House and Senate to voice support for Bobby's Law, including the family and friends of several other Flathead County residents killed in drunk driving incidents. Data collected by the Montana Department of Transportation shows that about 42% of all roadway fatalities in Flathead County involve a drunk driver. As a whole, Montana has more drunk driving fatalities per capita than any other state, according to a 2025 report from Forbes. McBride knows these statistics well. She plans to continue working through Montana Bar Fairies to promote a safer drinking culture in communities throughout Montana. McBride said she regularly fields inquiries from people across the state interested in forming their own local chapter of Montana Bar Fairies. The organization recently started hosting educational booths at brewery festivals and other local events. "We're growing gigantic. It's really, really exciting," said McBride. "What it goes to show is people are ready for change." Reporter Hailey Smalley can be reached at hsmalley@ or 758-4433.
Yahoo
25-04-2025
- Yahoo
Legislature passes ‘Bobby's Law,' increases penalties for drunk driving fatalieies
Photo illustration by Getty Images. A bill strengthening Montanan's DUI laws had its first hearing before a committee in mid-January, and is now inches away from crossing the legislative finish line. House Bill 267, known as 'Bobby's Law,' has passed both chambers and been sent to Gov. Greg Gianforte, who is widely expected to sign it. The bill, carried by Rep. Braxton Mitchell, R-Columbia Falls, establishes the crime of aggravated vehicular homicide while under the influence. A conviction would mandate a three-year minimum prison sentence, a minimum fine of $10,000 and prevents a judge from delaying or suspending the sentence. 'This bill sends a clear message: If you kill someone in this state while driving, and you're extremely impaired, that you will finally face real justice,' Mitchell said during a Senate Judiciary Committee hearing last month. A recent Forbes rating of the worst states for drunk driving, based on the percent of traffic deaths caused by drunk drivers, ranked Montana No. 1, with 8.57 DUI-related fatalities per 100,000 drivers. Data from the Montana Department of Transportation shows that during the last decade, between 33% and 45% of all car crash fatalities in the state involve alcohol impairment, with Yellowstone, Big Horn, Missoula and Flathead Counties having the highest percentage of roadway fatalities involving alcohol. But beyond the data, the bill was personal for Mitchell, who was friends and neighbors with Bobby Dewbre, who was killed by a drunk driver in 2023. 'The worst part of all this is that the person who killed him barely faced any consequences,' Mitchell said. '…I've worked with Bobby Dewbre's family to craft a law to seek justice for other families who may face this horrific experience.' More than 80 people testified in favor of the bill during its hearing before the House committee, and dozens showed up again to testify in the Senate. Elizabeth McBride, Dewbre's mother, and other members of his family testified about getting the call about her son's death and what her family and community went through when the driver was charged with two misdemeanors. 'We're not suggesting that people stop drinking, but we are imploring you to send the clear message that getting drunk and then getting behind the wheel will not be tolerated,' McBride said. '…Drunk driving is a choice. It is not legal, and it is 100% avoidable.' McBride helped found a nonprofit called Montana Bar Fairies, dedicated to 'change the drinking and driving culture in Montana.' The organization, which has chapters in four counties, strongly advocated for Bobby's law and works with local communities and bars to boost DUI awareness. One part of the group's outreach involves sending out volunteers every weekend to leave $5 gift cards to local coffee shops on cars left in bar parking lots overnight, a small incentive they hope builds big results. Patricia Hinchey, director of the Bozeman chapter of Montana Bar Fairies, said that growing up in the state, she always had an earlier curfew than her friends due to the high number of impaired drivers on the road. 'As I've gotten older, I've come to realize how unsafe Montana's roadways are. Driving should not be something that makes me so fearful, but I'm scared to drive, not just at night, but at any time of the day,' Hinchey said. 'This needs to change.' The law, Mitchell said, fixes a gap in the legal system and increases accountability for individuals who make the choice to drive under the influence. 'We've heard from the Department of Transportation, law enforcement agencies, police groups, from county attorneys, bar owners, business owners and just average everyday residents across the state,' he said. The new law will show that 'our state is finally committed to reducing these incidents and making roads safer for all residents and visitors.'
Yahoo
17-04-2025
- Yahoo
Bobby's Law receives widespread support from state lawmakers and local advocates
Apr. 17—Legislation mandating harsher penalties for drunk drivers is poised to reach the governor's desk after receiving near-unanimous support from the state Senate. At a March 27 Senate Judiciary Committee hearing, numerous Flathead Valley residents testified in support of the measure, including the family of Robert "Bobby" Dewbre, the legislation's namesake. "This law is not about vengeance. It is about accountability. It is about ensuring that the punishment fits the severity of the crime and that reckless choices carry appropriate consequences," said Dewbre's sister, Carli Seymour. In 2023, Dewbre was struck and killed by a car while crossing a road outside Columbia Falls. The driver, John Lee Wilson, had a blood alcohol content of 0.20, over twice the legal limit of 0.08. Despite what seemed like a clear case of drunk driving, the county attorney decided not to press charges for felony vehicular homicide while driving under the influence. The felony conviction requires the prosecution to prove a driver was acting negligently, which could have proven problematic as Wilson was reportedly following all traffic laws leading up to the fatal collision. Instead, Wilson was charged with two misdemeanors and eventually received the combined maximum sentence of 18 months. Under House Bill 267, colloquially known as Bobby's Law, driving with a blood alcohol level at or above 0.16 would be considered inherently negligent, allowing prosecutors to more easily pursue serious legal charges for drunk driving incidents. If found guilty, offenders would face a state prison term of three to 30 years, a fine between $10,000 and $50,000 or both. "Getting behind the wheel at over twice the legal limit is inherently negligent," testified Dewbre's father, Robert Dewbre. "This is not a radical stance. This is common sense." If passed, Bobby's Law would not retroactively impact Wilson's sentencing, but the issue of drunk driving extends far beyond the Flathead Valley. A recent report from Forbes found that Montana has the highest per capita rate for drunk driving fatalities, with 7.14 people killed in drunk driving incidents for every 100,000 state residents. Proponents of Bobby's Law, including the Montana Department of Transportation and the Montana County Attorneys Association, say harsher penalties will help serve as a deterrent to drunk drivers. "It's clear that we are an embarrassment nationally, and that the status quo cannot continue," said the bill's primary sponsor, Rep. Braxton Mitchell, R-Columbia Falls. Several other lawmakers from the Flathead Valley have signed on as co-sponsors for Bobby's Law. While a few Democratic lawmakers balked at the bill's mandatory minimums, Bobby's Law has largely been met with bipartisan support. It passed the House with a 94-6 vote in February. The Senate passed the bill on April 15 with a 45-4 vote. The legislation now moves back to the House for final approval of what Sen. Sue Vinton, R-Billings, called a "small technical amendment," altering some of the language in the bill. If the House concurs in the amendment, Bobby's Law will move to the governor's desk for final approval. Reporter Hailey Smalley can be reached at hsmalley@ or 758-4433.
Yahoo
14-04-2025
- Yahoo
Montana legislature seeks to implement minimum penalty for fatal DUIs
Kaiden Forman-WebsterICT + MTFP A bill to create a sentencing minimum for some fatal DUIs in Montana has cleared the state House by wide margins and is poised to do the same in the Senate after passing an initial vote 45-5. Rep. Braxton Mitchell, R-Columbia Falls, is sponsoring House Bill 267 to strengthen penalties for DUIs that result in a death by establishing the crime of aggravated vehicular homicide while under the influence. The new law would only be applicable to alcohol and not other drugs. The bill, dubbed 'Bobby's Law,' will impose a minimum sentence of three years and a maximum of 30 years for someone found guilty of killing a person while in the 'aggravated state,' meaning they have a blood alcohol concentration of at least 0.16, or double the legal limit. Mitchell said he brought the bill in honor of Robert 'Bobby' Dewbre, his family friend and neighbor who was hit and killed by a drunken driver on his 21st birthday. Mitchell said on the House floor during debate Feb. 6 that Montana is among the few states that do not have an aggravated vehicular homicide while under the influence provision in state law. Florida, for example, has a four-year minimum sentence. Other states such as Texas and California also have their own laws regarding aggravated vehicular homicide while under the influence. Mitchell argued that HB 267 will show Montana's commitment to making roads safer across the state. There is currently no minimum prison sentence for a person convicted of vehicular homicide while under the influence in Montana. The maximum penalty is 30 years and a fine of up to $50,000. 'One of the worst parts about all of this is the person who killed him barely faced any consequences even though he killed someone,' Mitchell said of Dewbre. In that case, the drunken driver was sentenced to 18 months in county jail. Mitchell called this sentencing 'unfathomable.' Mitchell said he worked closely with Dewbre's mother and others to create the legislation. A U.S. Department of Transportation report from 2021 found that 44% of driving fatalities in Montana involved alcohol — the highest rate in the nation. In January, Forbes ranked Montana the worst state for drunken driving. 'A judge can't delay or suspend the sentencing with an amendment. The court cannot suspend execution of the first three years of that sentence,' Mitchell said of what his bill would accomplish, adding there are 'exceptions for those who are under 18 or have mental issues." While Native Americans make up 6.7 percent of Montana's population, they account for 17 percent of motor vehicle crash deaths in the state each year, according to the state Department of Transportation. In her testimony supporting HB 267, Alissa Snow, representing the Blackfeet Tribe, Fort Belknap Indian Community, and the Chippewa Cree Tribe, spoke of Mika Westwolf. Westwolf, 22 and a citizen of the Blackfeet Nation, was killed in a hit-and-run in March 2023. Westwolf's mother is a close friend of Snow and Westwolf 'was like my niece,' Snow said during her testimony. 'Mika Westwolf was walking home on Highway 93 north of Arlee and was struck and killed by Sunny White, who did not render aid or call for assistance. She left her on the side of the road, where her body was found almost immediately after. Evidence at the scene showed she had never even attempted to slow down or stop. She was apprehended right away,' Snow said. 'She had her two children with her and was later found to be under the influence.' Snow said Westwolf's family advocated for justice for two years, hosting awareness walks and demanding action. Sunny White was sentenced in February to 10 years in the Montana State Women's Prison for vehicular homicide. White tested positive for fentanyl and methamphetamine shortly after striking Westwolf and received the maximum sentence. Snow noted in her testimony that not all families see justice in their loved ones' deaths. Westwolf's mother, Carissa Heavy Runner, chose not to testify during a hearing for the bill. Snow spoke on her behalf, allowing Heavy Runner to remain home with family to focus on self-healing, with the two-year mark after Westwolf's death bringing the trauma back into focus. 'The importance of self-care is very new to me. There is no handbook on this type of thing. At the beginning of these things it's the family that is doing the investigation even though you are in a very vulnerable state, when you should be able to just grieve,' Heavy Runner told Montana Free Press. In an interview with MTFP and ICT, Heavy Runner spoke about how she was introduced to Elizabeth McBride, Bobby Dewbre's mother. 'We met over the Mika Matters website, that is how Beth reached out to me. She asked me if I wanted to testify on Bobby's Law [HB 267]. Beth introduced me to the Montana Bar Fairies and I told her about the MMIP [Missing and Murdered Indigenous Peoples] movement,' Heavy Runner said. 'Beth asked if I would like to have Mika's picture and her story on the back of the card to help with awareness.' That's the strategy the Montana Bar Fairies use to advocate for people out drinking to get a sober driver. 'At the crack of dawn on weekend mornings, we patrol the parking lots of local gathering spots and bars, searching for cars left overnight. When we spot a car from the previous night, we discreetly leave a card and a $5 gift card to a local coffee shop as a token of gratitude for choosing not to drive home under the influence,' reads the organization's website. Heavy Runner met McBride in person for the first time at White's sentencing. 'Meeting face-to-face was a very powerful day, with all the supporters being there at the sentencing, we related through the love of our children,' Heavy Runner said. The Montana Bar Fairies is a nonprofit organization that began with family members and now has locations in Kalispell, Whitefish, Columbia Falls and Big Fork, as well as a new branch in Missoula. One of the largest committee rooms inside the Capitol was packed with people who came to testify in support of the bill March 27. Many wore black, long-sleeved crewnecks that read 'Montana Bar Fairies,' a nonprofit created by Dewbre's mother and sister to advocate for sober rides and safer roads. Dewbre's mother was the first proponent to address the committee. She spoke about the tragedy her family faced and said the man who killed her son 'was sentenced to 18 months in the county jail. The sentencing was Oct. 31, 2023. Unbelievably the man that took my son's life will be released next month. The driver's blood alcohol content was 0.20, more than twice the legal limit of 0.08, yet he was charged with merely two misdemeanors,' she said. 'We are not suggesting that people stop drinking but we are imploring you to send the clear message that getting drunk and then getting behind the wheel will not be tolerated.' Robert Dewbre, Bobby Dewbre's father, also spoke in support of the bill. He said he made mistakes in the past and grew up with a culture of drinking and driving, telling the committee he'd been charged with two DUIs over a 20-year span. 'Drinking and driving was normalized for me at a young age and as an adult I took to it like a fish to water,' he said. Dewbre told the committee that throughout the 20-year period, he continually drove under the influence. 'If I needed to get somewhere, I went regardless. And believe me when I tell you that I was not alone because drinking and driving was and is a part of the culture in the state of Montana. And to be honest I did not worry much about the threat of DUIs either, the fine, the night in jail,' Dewbre said. ' … They all basically amounted to a slap on the wrist. I had to quit drinking completely to break that chain.' Carli Seymour, Bobby Dewbre's older sister, said she attended the hearing to speak for the next family that will be affected by drunken driving in Montana. 'We have lost too many innocent Montanans and for too long we have neglected their families,' she told the committee. 'We cannot continue to be complacent when the reality is that your constituents are being peeled off the pavement and sent to the morgue with shocking unacceptable regularity.' Twenty-eight individuals spoke in support of the bill, with many more choosing not to speak but raising their hands to show their support of the bill. No one that attended the packed committee room spoke in opposition. HB 267 cleared the House last month and on Wednesday it passed a second reading in the Senate with a strong bipartisan vote. The bill saw a technical amendment while in the Senate Judiciary Committee, and has now been referred to the Senate Finance and Claims Committee. This story is co-published by Montana Free Press and ICT, a news partnership that covers the Montana American Indian Caucus during the state's 2025 legislative session
Yahoo
29-01-2025
- Yahoo
Flathead Valley residents advocate for stricter drunk driving penalties
Jan. 28—"On Mar. 11, 2023, I received the phone call that no mother should ever receive," Flathead Valley resident Elizabeth McBride told lawmakers in Helena on Monday morning. Testifying for the House Judiciary Committee, McBride recounted her shock and grief when she learned that her son, Robert "Bobby" Dewbre, had been struck and killed by a drunk driver while crossing a road outside Columbia Falls. She detailed the subsequent criminal case, which resulted in a sentence of 18 months in the county jail for the driver, John Lee Wilson. "Everybody that we have spoken to about this since it happened has been absolutely appalled that the driver was charged with two misdemeanors instead of a felony," said McBride. McBride's comments were in support of House Bill 267, otherwise known as Bobby's Law, which could result in harsher penalties for drunk drivers. She was among 36 people, including several others from the valley, testifying in favor of the legislation. The bill is designed to address details that may have led to a lighter sentence for Wilson. While Wilson had a blood alcohol content of .20, over twice the legal limit of .08, he reportedly followed all traffic laws prior to the fatal collision, making it difficult for prosecutors to achieve the burden of proof required for felony charges. The case was complicated by the fact that Dewbre was not in a crosswalk. "We've had a number of instances of this unfortunately, so it's not just [with] Bobby Dewbre that we've come up against this issue," said Flathead County Attorney Travis Ahner. If passed, Bobby's Law would make it easier for prosecutors to pursue more serious charges for some drunk driving incidents. The law stipulates that driving with a blood alcohol limit above .16 is inherently negligent, reducing the burden of proof for prosecutors. Offenders could be charged with aggravated vehicular homicide under the influence and face a state prison term of 3-30 years, a fine between $10,000 and $50,000 or both. While the law will not affect the outcome of Dewbre's case, proponents are hopeful the harsher penalties will serve as a deterrent and curb the state's high DUI rates. "It's not only a tragedy, all these deaths, it's actually embarrassing for Montana that we're ranking in the top numbers with DUI homicide. This is an embarrassment," testified Kia Ricchi. The Montana Department of Transportation reported 166 roadway fatalities in Flathead County between 2013 and 2022, 42% of which involved a drunk driver, and Ahner reported that Flathead County saw 429 arrests for driving under the influence in 2024. A yearly report from Forbes ranked Montana as the worst state in the country for drunk driving. The House Judiciary Committee will vote on the bill on Wednesday. If passed, it could be reviewed by the House later this week. The bill's sponsor, Rep. Braxton Mitchell, R-Columbia Falls, said that an amendment to strengthen the language in the bill would be available in the coming days. Reporter Hailey Smalley can be reached at hsmalley@
