COLUMBUS — When a jury convicted a man of drunken driving after he was found under the influence in his parked car four years ago, they told the judge they were following the law.

        But they weren't happy about it.

        “The consistent comment I got was, "I know it's the law, but it's not right,'” said Judge John Adkins of Circleville Municipal Court, about 25 miles south of Columbus.

        The House Criminal Justice Committee on Tuesday passed a bill that would reduce penalties for people charged with sitting drunk behind the wheel of a parked car.

        The provision was included in an overhaul of Ohio's traffic laws sponsored by Sen. Scott Oelslager, a Republican from Canton. The bill, approved by the Senate in February, goes now to the full House.

        The Ohio Judicial Conference, an association of judges, pushed the change in the drunken driving law, arguing that current law was unfair to drivers who made the right decision and got off the road.

        A 1987 Ohio Supreme Court ruling, State v. Cleary, upheld the ability of police to arrest a person found under the influence in a stationary car.

        Judges wanted an alternative to the current misdemeanor charge for drunken driving without reducing the penalty too much, said David Diroll, executive director of the Ohio Criminal Sentencing Commission.

        “While a person may not have done the right thing all night, if they do the right thing at the end of the night and not start the car, it shouldn't carry the same penalty of someone driving drunk on the road,” Mr. Diroll said.

        Under current law, people convicted of drunken driving lose their licenses for at least six months, face a minimum fine of $250 and either three days in jail or a mandatory alcohol-abuse training session.

        They also must pay $425 to have their licenses reinstated.

        Under Mr. Oelslager's bill, those convicted of being under the influence in a parked car wouldn't face the mandatory three-day jail sentence or license suspension. They still would face a possible fine and court costs.

        Mothers Against Drunk Driving has concerns about the bill, as does the State Highway Patrol.

        Lt. John Born, a spokesman for the Department of Public Safety, said troopers don't like that the proposal reduces penalties.

        “Our contention is that a crime has already been committed and you can't apply that standard to any other crime,” Lt. Born added. “For example, if you go rob a bank and after you rob it, you feel very remorseful and return the money, you're not going to be charged with a lesser crime. You're still going to be charged with bank robbery.”

        Judge Adkins, vice president of the Ohio Judicial Conference, said the man convicted in his court in 1998 had done the right thing.

        “We're just suggesting if someone's made a bad choice and gotten under the influence and doesn't compound that bad choice by driving, they shouldn't suffer the same penalties,” Judge Adkins said.

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