Lawmakers, Governor Take up Zachary's Song Case

Jon Byman

Lawmakers, both Republicans and Democrats, in Madison are considering a bill that would make 3rd offense drunk driving in Wisconsin a felony.  Governor Doyle says he'd support such legislation.

The word comes a day after Jennifer Bukosky's father made an emotional public plea for change following the death of Bukosky, her daughter Courtney Bella and her unborn daughter Sophie.  She died in a crash that was caused by a former doctor who is accused of driving while high on prescription drugs.  Mark Benson had been in court just two days prior on a 3rd offense drunken driving conviction.

Click Here to listen to audio of Bukosky's father, Mike Farney, on Wisconsin's Morning News.

Mike Farney asked young people to take up the cause, and he gave it a name: Zachary's Song.  Zachary is Jennifer Bukosky's son.  He survived the crash.  Farney says in many ways, he's hurting more than anyone else, "here's a little boy that will never ever see his mom again or his sister again or see that newborn baby.  His whole life has changed.  The direction in his life has changed."

Farney may not need much help from the public.  Lawmakers are already talking about change.

On the Greenhouse on Newsradio 620 WTMJ, State Representative Joel Kleefisch says he, along with three other Republicans and Democrats will introduce two pronged legislation.  Under the proposal, people convicted of a 3rd drunk driving offense would be sent directly to jail.  In addition, that person's driving privileges would be revoked and authorities would seize that person's vehicle.

Click Here to listen to the entire conversation between Kleefisch and the Greenhouse.

Kleefisch says he expects strong bi-partisan support for the legislation from lawmakers all over the state.  "I think that anybody who heard the story or three members of this family dying would be touched.  This obviously affects the entire state," Kleefisch told the Greenhouse.

Waukesha County District Attorney Brad Schimel says he's all for locking people up.  But he thinks the best solution would be to require treatment for repeat offenders.  Either way, he says the problem is money.

Click Here to listen to the entire conversation between Schimel and Wisconsin's Morning News.

Schimel points out on Wisconsin's morning news that Waukesha County has a very effective alcohol treatment course that is offered to all 3rd offense drunken drivers in the county.  But on Wisconsin's Morning News Schimel says, "our funding is running out next year and we are scrambling to find a means to fund it."  In Waukesha County alone, the program would need as much as $100,000 dollars a year.

Schimel says if we're talking about sending more repeat offenders to jail, we'll have to pay to hire more law enforcement, jailers, prosecutors and people associated with catching and keeping repeat offenders behind bars.

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