Spectrum News
SACRAMENTO, Calif. — Kelly Montalvo said speaking about the loss of her son Benjamin six years ago to a hit and run by an impaired and distracted driver is something she must do in a numb state because of the trauma tied to his death.
“Benjamin was the youngest of our four sons, and as his oldest brother said at his funeral, they called him 'Bean Dip,' so he said, 'Bean Dip' was truly the best of all of us,” Montalvo said.
It wasn’t the first time the woman who took her son's life had been involved in a hit-and-run, Montalvo said.
“So, we're a victim of hit-and-run, of impaired driving, [she's a] repeat offender," Montalvo said. "This was her fourth hit-and-run.”
California DMV data shows that approximately 27% of DUI arrests each year involve repeat offenders.
Most fatal DUI cases are prosecuted as vehicular manslaughter, and California is considered more lenient than many states in how quickly repeat offenders can regain their licenses — prompting lawmakers to introduce a wave of bills aimed at toughening DUI penalties.
“Senate Bill 907 goes after repeat serial offenders with enhancements for prior felony DUI convictions and increases punishment for hit and run,” announced State Sen. Bob Archuleta at a news conference.
Another, introduced now for the third time, aims to put breathalyzer devices in the cars of those convicted of a DUI the first time.
“We know that in the 35 states across America who have implemented similar requirements, these devices have caused fatalities and accidents, because of DUIs, to go down,” Assemblymember Cottie Petrie-Norris said at the same news conference.
New legislation announced could place a ban notice on alcohol purchases on offenders' licenses or IDs, from any business in the state for serious or repeat offenders during probation.
It would be up to a judge’s discretion, said Assemblymember Rhodesia Ransom, the bill’s author, and would be for at least six months.
“This bill addresses the root cause of the problem," Ransom said. "Access to alcohol for individuals who have demonstrated that they are not responsible.”
Around 80,000 people in 2019 were convicted of repeat DIUs, and the state receives at least $400 million each year in tax revenue from alcohol.
The National Institute on Alcohol Abuse and Alcoholism reports California consumes the most alcohol of any state.
So far, though, Ransom said there has been little pushback.
“So, really what we're talking about, people who think that this might be a violation of people’s civil liberties," Ransom said. "Those are the folks that we've started to hear a little chatter from.”
Another bill introduced would increase penalties for people convicted of a DUI for a third time, increasing the suspension of their license from three years to eight.
Montalvo said she supports the nine bills introduced, especially bills to beef up laws, as she said the woman who killed her son is getting out on Valentine's, after serving under three years of a nine-year sentence.
“So, I think on that day I have to focus," Montalvo said. "It is a day of love. She robbed so much love out of this world, but I have to focus on the love that we have for Benjamin and the love he had for the world.”
It is why, as hard as it is, she said she’ll continue to speak up for her family and everyone else.