By: Kenneth Stecker

As an Assistant Prosecuting Attorney for approximately the past 18 years, I have encountered many traffic safety issues in the courtroom. The last traffic safety case I handled as a prosecutor in Branch County involved “Heidi’s Law.”

The law was championed by the parents of Heidi Steiner, a northern Michigan high school senior, who was killed by Danny Buffman. Buffman pled no contest to the charge of Operating While Intoxicated Causing Death. The Court sentenced the defendant to 10 years in prison. Then, in 2005, after serving his prison term, Buffman was arrested again and charged with a first offense Operating While Intoxicated charge. He could not be charged with OWI-Third Offense because the prior offenses committed by him in the early 1990s were more than 10 years old.

Before January 3, 2007, prior offense convictions had to occur within a 10 year period before the third arrest. On that date, “Heidi’s Law” removed the 10 year “look back” period for all drunk driving offenses.

In Branch County, the defendant was arrested on April 7, 2007 for driving the wrong way on a one-way street. He was convicted of operating while impaired in 1993 and 1995. The defense attorney argued the change created an “ex post facto” crime and therefore, was unconstitutional. On the other hand, I argued before the Court that this was not the situation. I maintained that “Heidi’s Law” did not attach legal consequences to the defendant’s prior OWI convictions, but to the defendant’s current conduct while intoxicated.

The Court agreed with the People and ruled that the crime did not make an event which already happened illegal but, instead, relied on a new offense after the date of passage and, therefore, was not “ex post facto.” It should be noted that a Circuit Court Judge in Kalamazoo County ruled the law to be unconstitutional. The Kalamazoo County Prosecutor’s Office appealed the judge’s decision.

On March 5, 2008, the Court of Appeals vacated the order of the Kalamazoo County Circuit Court, and held that the circuit court abused its discretion. The court stated that “the facts of this case do not implicate the Ex Post Facto Clauses of the Michigan and United States Constitution.” The court remanded to the trial court for reinstatement of the felony information.

Please feel free to contact me at (517) 334-6060 ext. 827 or steckerk@michigan.gov if you would like a copy of a videotape of the court’s decision in Branch County or a copy of the People’s Response Brief, or a copy of the Court of Appeal’s decision.

It should be noted that Prosecuting Attorney Charles Koop of Antrim County and his staff should be commended for the passage of “Heidi’s Law.” Heidi and her family will not be forgotten.