LAKE COUNTY — A draft of legislation to amend the California Vehicle Code has been named in memory of a local restaurateur.
Zino Mezoui, owner of Zino”s Ristorante and Inn on Soda Bay Road, was riding his motorcycle on Sept. 24, 2010 when he was struck and killed by a hit-and-run driver along Highway 29 near Seigler Canyon Road in Lower Lake. James Nightingale, 31, of Kelseyville, was first identified as a “person of interest” in the case and later surrendered himself to officers from the California Highway Patrol.
Nightingale eventually pleaded “no contest” to a felony charge of vehicular manslaughter with a lesser included offense not citing gross negligence as well as to a felony charge of hit-and-run resulting in injury or death. He also pleaded no contest to a misdemeanor charge of driving on a suspended license for previous DUIs.
There is pending legislation that would amend the state vehicle code section for felony hit-and-run drivers. The legislation would provide additional punishment for drivers who have suffered prior convictions for vehicular manslaughter and/or two more DUIs and then subsequently flee the scene of a serious or fatal accident.
The proposed legislation has been dedicated to Mezoui”s memory and to his family. Lake County Deputy District Attorney John J. Langan titled the proposed amendment “Zino”s Law.”
The proposed legislation would amend current hit-and-run laws that state the maximum allowable punishment for an intoxicated hit-and-run driver with multiple prior DUIs and/or a vehicular manslaughter conviction on their record is four years in prison.
Under Courtney”s law, a bill named after a young girl who was killed by a drunk driver with four DUI convictions, the hit-and-run driver in the scenario above should face up to 15 years in prison for having multiple DUI convictions on their record.
“Zino”s Law” would amend the hit-and-run statute for drivers with multiple DUI convictions. Drivers would face up to an additional term of five years in prison. The additional term would not be imposed unless the allegation listing the prior DUI convictions is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact, such as a jury.
“Zino”s Law” is being submitted as part of the legislative proposal process for 2012. The deadline for any legislative proposals is Tuesday.
The California District Attorneys Association (CDAA) will have a legislative summit to discuss all legislative proposals for the upcoming year. If “Zino”s Law” is sponsored by the CDAA, CDAA members will find an author for the bill and it will go before the state legislature in the future. If CDAA supports the amendment, staff will send letters of support and testify in support of the bill.
Kevin N. Hume can be reached at kevin.n.hume@gmail.com or call directly 263-5636 ext. 14.
