TBR News Media: Suffolk County D.A. travels to Albany to urge lawmakers to pass ‘Deadly Driving Bill’
January 9, 2024
Suffolk County District Attorney Raymond A. Tierney continued his two-day rally in Albany today calling on lawmakers, with the District Attorneys Association of the State of New York (DAASNY), to pass a bill that would close the loopholes in the drugged driving law that make it unworkable. Current law does not allow an individual to be arrested and prosecuted for operating a vehicle while obviously impaired by any substance that is not listed in Section 3306 of the Public Health Law. Senate Bill S.3135 and Assembly Bill A.174, also known as the “Deadly Driving Bill,” closes the loopholes.
“There is noone on our roads, driver, motorcyclist,bicyclistor pedestrian, whois immune from becoming a victim of a drugged driving crash. Closing this loophole is important because we must doeverything we can to stop the horrendous loss of lives on our roadways. Impaired is impaired. Dangerous is dangerous, no matter whether it is alcohol or drugs,” said District Attorney Tierney. The type of alcohol ingested by the driver does not matter for an alcohol DWI and the same should be true for drugs and other substances. We have to use common sense to keep New York families safe.”
“The District Attorneys Association of the State of New York has consistently advocated for legislation to close loopholes in New York State’s drugged driving laws that preventthe prosecution of all impaired drivers to the fullest extent of the law. The passage of the Deadly Driving Bill (S.3135/A.174) would eliminate the often-impossible requirement of specifically identifying the drug that is impairing a drugged driver,” said District Attorneys Association of the State of New York President, Erie County District Attorney John J. Flynn. “We are committed to making sure New York State’s roadways are safe and that impaired drivers are prosecuted to the fullest extent of the law, but to do so requires necessary modifications to our current laws. The legislation will also aid in the prosecution of these offenders by expanding the probable cause for evidential blood draws and protect the safety of our roadways by automatically suspending driver’s licenses for individuals charged with impaired driving.”
“Public safety isn’t just about responding when tragedy strikes; it’s also about prevention. Albany County has seen far too many fatal traffic crashes in recent years that were completely avoidable,” said Albany County District Attorney David Soares. “The Deadly Driving Bill would allow this office to engage in prevention by streamlining the process for prosecuting drugged driving cases. As amateur chemists escalate their efforts to poison our community, we in law enforcement must also escalate our efforts to stop them, which requires leaders to provide us with the laws and tools to do our jobs.”
“Drugged driving is not a mistake. It’s a selfish and dangerous act. It doesn’t matter whether the drugs are on a list or not. It only matters that they make the driver dangerous. The party may end but the consequences of drugged driving can last a lifetime,” said Onondaga District Attorney Bill Fitzpatrick. “Please join me in supporting this life saving piece of legislation sponsored by Assembly Transportation Chair Bill Magnarelli and Senator John Mannion.”
“The Deadly Driving Bill is common sense legislation, and I am proud to support such a proposal that values public safety,” said Monroe County District Attorney Sandra Doorley. “Illegal drugs and narcotics are always evolving, and this legislation ensures that law enforcement and the courts can stay on top of all impairing substances without awaiting time-consuming updates to the New York Public Health Law. Those who drive impaired choose to consume mind-altering substances before driving their vehicle, putting countless lives at risk. We must be able to hold these deadly drivers accountable, and when appropriate, help connect them with services if they are struggling with substance abuse disorder of any kind.”
“Drunk, drugged, and distracted driving are at epidemic levels today. As cops and prosecutors, we need all the tools we can get to make successful prosecutions against dangerous drivers,” said Nassau County District Attorney Anne Donnelly. “Under New York State law, arresting someone for driving under the influence of drugs is difficult. I thank District Attorney Tierney and his team for crafting a bill that will fix this loophole once and for all. We ask our legislators in Albany to pass this bill. It will save lives and will make our roadways safer for pedestrians, bikers and motorists.”
“New York State’s recreational marijuana program and the explosion of illegal cannabis sales in our convenience stores and smoke shops has made one thing crystal clear: our roads have more drivers impaired by the use of drugs than ever before,” said Staten Island District Attorney Michael McMahon. “Yet our laws are woefully inadequate in addressing the danger that these drivers pose to fellow motorists, passengers, and pedestrians. I am proud to lend full support to this legislation which would expand law enforcement’s ability to hold impaired and intoxicated drivers responsible for endangering themselves, their passengers, and all around them after they made the terrible, irresponsible, and dangerous decision to get behind the wheel after using substances. We also need more Drug Recognition Experts to carry out field sobriety examinations. Road safety must be a priority in Albany this session, and we look forward to working with the Sponsors to pass this legislation and to fight for funding for more DRE training across the state.”
“New York’s outdated approach to impaired driving handcuffs law enforcement, puts innocent people at risk and leaves those who might be struggling with a drug problem unchecked and untreated,” said Family and Children’s Association, President/Chief Executive Officer, Dr. Jeffrey Reynolds. “If we’ve learned anything during the current opioid crisis, its that public safety is enhanced when law enforcement and addiction treatment providers work together. Arrests often precipitate treatment entry, potentially putting those struggling with addiction on the road to recovery and leaving our communities safer and healthier. Drugs have evolved rapidly in recent years and New York’s laws should absolutely follow suit.”
“Responsibility.org and the National Alliance to Stop Impaired Driving (NASID) support the critical efforts to reform New York’s drugged driving laws, especially broadening the scope of drugged driving to include all impairing substances rather than those just on the predefined New York Public Health 3306 list,” said National Alliance to Stop Impaired Driving (NASID) Director & Responsibility.org Senior Vice President of Traffic Safety Darrin Grondel. “This legislation eliminates a dangerous loophole where some impaired drivers can’t be arrested or held accountable. Statistics show that fatal and serious injury crashes involving drugged and/or drunk drivers have increased significantly in New York, and these statistics are glaring red flags that something is not working, and action is needed to improve existing law regarding impaired and drugged driving.”
“Cannabis, opioids, even some over the counter medications can negatively impact the way people drive, which affects the safety of all road users,” said National Safety Council Vice President of Government Affairs Jane Terry. “Impairment, regardless of the type of substance, causes a decline in visual function, mental judgment and motor skills. The National Safety Council fully supports this bill to help make roads safer and save lives in the state of New York.”
“As the backbone of New York’s efforts to reduce the incidence of impaired driving, STOP-DWI’s 58 local coordinators have had a front-row seat to the lack of accountability for drivers who are impaired by substances not included on the Public Health Law list. As New York State works to reduce impaired crashes, we must ensure justice for victims of these crashes isn’t hindered by public policy barriers,” said NYS STOP-DWI Coordinators’ Association Chair Lindsay Tomidy. “While STOP-DWI has advocated for legislative reform for over a decade, we’ve observed an alarming rise in fatalities caused by impaired drivers statewide. For every one of these fatalities, our coordinators are working first hand with more innocent victims who are not given reasonable answers on the lack of justice for their loved ones who were taken by an irresponsible choice made. This coalition represents a collective voice for New York to join the rest of the nation in holding impaired drivers liable for their deadly decisions to ingest impairing substances and share the roads with millions of innocent and defenseless New Yorkers.”
“Drugged driving is a growing and complex problem. We are a movement of caring individuals with a shared purpose to end the devastation of drunk and drugged driving, which is both a violent crime and a health and safety issue that affects every community,” said MADD Regional Executive Director NY|NJ|PA Paige Carbone. “New York’s laws do not work well to stop drugged drivers before they crash leaving deadly drivers free to endanger everyone. MADD supports the Deadly Driving Bill, and our vision is to create a nation without drunk and drugged driving.”
“Far too many people are being seriously injured or killed by drivers impaired by drugs. Indeed, according to recent state data from 2022, 37% of fatal crashes in New York State are drug related,” said AAA New York State Legislative Committee Chairman,John Corlett. “AAA strongly encourages legislators to pass legislation closing the glaring loopholes in the state’s drug impaired driving laws during this legislative session. AAA also commends both Suffolk County District Attorney Raymond Tierney and Nassau County District Attorney for their leadership on this issue.”
“Under the current law, defense lawyers exploit a loophole in the criminal system from which they benefit financially and leaves their clients unaccountable for their actions,” said Remove Intoxicated Drivers President William Aiken. “The drugged driving bill S.3135/A.174 is needed to include all drugs that can impair one’s ability to driver. The passage of this bill will result in safer roads for everyone.”
“To be blunt, impaired is impaired and dead is dead. Under the current law, ‘the list,’ and all the other procedural impediments, make it far too difficult for law enforcement to protect New Yorkers from drugged drivers,” said DEDICATEDD President Marge Lee. “If the drug is not on the list or cannot be named, the law actually makes protection impossible. When we, the victims, identify our dead there is no list. We have no options. We personally know the definition of dead. We need the expanded definition of drugs and the legal definition of impaired. DEDICATEDD is begging our legislators to pass the Deadly Driving Bill.”
“Pass this legislation and stop tying the hands of law enforcement by requiring them to identify the specific drug used by perpetrators before an arrest can be made,” said NY Coalition for Transportation Safety Director Cynthia Brown. “Close the loophole that allows drugged drivers to walk free and continue to be a threat to all other roadway users.”
“The landscape of drugs and drugged driving is a kaleidoscope of factors that is ever changing. Currently, there are an overwhelming number of drugs including over the counter, prescription drugs, and illicit drugs that may cause impairment and a public safety risk when taken while driving,” said Association of Transportation Safety Information Professionals (ATSIP) CEO Tara Casanova Powell. “For this reason, several states have revised their language to ‘under the influence of alcohol or any drug or any combination thereof.’ Furthermore, only four States remaining that restrict drug-impaired driving statutes to a limited set of drugs: Alaska, Hawaii, Florida, and Massachusetts. As the Secretariat and responsible party on record with the American National Standards Institute (ANSI) as the Accredited Standards Developer (ASD) for the Manual on Classification of Motor Vehicle Traffic Accidents and advocate for research-based, data driven legislation to support public safety, ATSIP strongly supports the Deadly Driving Bill (S.3135/A.174).”
District Attorney Tierney collaborated with Senate Sponsor, John Mannion and Assembly Transportation Committee Chair, Bill Magnarelli to close the loopholes and add the best, scientifically supported tools available to make New York’s drugged driving law a model for the rest of the country.
District Attorney Tierney was joined by impaired driving victims’ families, community members, district attorneys, lawmakers, traffic safety advocates, criminal justice professionals, and members of the Coalition to Protect New Yorkers from Drugged Driving to promote the passage of the bill.
Drugged drivers threaten the lives of random and innocent roadway users of every age, gender, ethnicity, and economic status every day throughout New York State. Data collection is notoriously problematic in this area, but the trend is significant. All roadway fatalities in New York have increased, including impaired driving fatalities. But the rate of increase in drug-involved fatalities has outpaced drinking driver fatalities in the last five years. Drug-involved fatalities have increased 33% from 200 in 2018 to 266 in 2022. The raw number is also higher than alcohol and represents 23% of the total number of roadway fatalities in the state.
It is a public safety and public health issue. Under the current law, an obviously impaired driver cannot be arrested and prosecuted without naming the drug ingested as one on the Public Health Law 3306 list even though drivers also use many substances that are not on the list to get high. Those substances range from inhaling things like “Dust-Off” computer cleaner, to Xylazine (also known as “tranq”) to newly created synthetic drugs to drugs that finally made it to the list and were then altered by brilliant, but unscrupulous, chemists like fentanyl analogs.
The loophole also means that a driver using a drug on the Public Health Law list can avoid prosecution by refusing an identifying test, not disclosing what they are using, avoid responsibility, not get the substance abuse treatment that is already in the law and sidestep drugged driving license repercussions. There is no intervention to help the driver avoid a repetition of the dangerous driving event and no deterrence to protect the public.
According to the National Transportation Safety Board (NTSB), New York was one of only 5 states that use a list for drugged driving as of 2022. In January of 2023 NTSB sent letters to the Governors of these states, including New York, with Safety Recommendation H-22-044 supporting impaired driving charges for all drugs that impair driving (without reference to a list). On January 1, 2024, Oregon officially abandoned the requirement and updated their statutes to add driving under the influence of any impairing drugs to their impaired driving law. Now New York is one of only 4 states relying on an unworkable list. The proposed Deadly Driving Bill’s definition of “drug” in the Vehicle and Traffic Law to include any substance or combination of substances that impair, to any extent, physical or mental abilities meets the NTSB recommendation. The bill also defines impairment and intoxication for the first-time using language supported by the New York Chapter of the American College of Physicians.
The bill does not expand law enforcement’s ability to make car stops nor does it create new crimes. It makes existing law workable. It does not roll back cannabis legalization. And it does not create a “per se” drugged driving charge that would be based only on the driver having a specific amount of a drug in the driver’s bloodstream. Current scientific research does not support a “per se” statute because drugs work differently than alcohol in the body. Blood levels do not correlate to impairment the same way. Instead, the revised law would continue to require a showing of “actual impairment” using the best training and scientific tools available, not just the presence of a substance. But when impairment from any substance can be seen, the driver must be prohibited from driving.