By Hank Russell
With the start of the “100 Deadliest Days” approaching, members of the Suffolk County Police Department came to Gershow Recycling Corp.’s Medford facility on May 20 to announce the rollout of a new device that can determine whether a driver is under the influence of marijuana and other drugs. The officers were joined by the county executive and representatives from the Suffolk County District Attorney’s office and Gershow Recycling Corp.
In addition to increasing its DWI patrols during the Memorial Day weekend, the SCPD will deploy the SoToxaTM Oral Fluid Mobile Test System. The SoToxa system can detect the presence of several commonly used substances, including opioids, cannabis, cocaine, methamphetamine, and opiates. The device is designed to strengthen impaired driving investigations and improve roadway safety.
According to the county executive’s office, the SCPD is the first law enforcement agency in downstate New York to deploy this system.
The SoToxa device is in “the beta stages, but, so far, we like what we see,” Suffolk County Police Commissioner Kevin Catalina said. “It doesn’t tell us if that person is impaired, but if they are and we got a positive hit, then we’re able to call a drug recognition expert who makes the final determination of that individual, which would then be probable cause for an arrest.”
The device “is able to get us to that final level where we’re able to prove, or able to at least arrest somebody, for driving while impaired,” Catalina said. “It is also our hope that the new technology will help us identify the substances the person is on and will lead to probable cause for arrest and probable cause for us to get blood testing on a warrant.”
SCPD Highway Patrol Officer Richard Park displayed the device to the media. He said it takes “approximately one to two minutes” to collect the sample and “five minutes” to test it. “At that point, the officer will make their determination if the driver is impaired and, if necessary, will call a drug recognition expert.”
Catalina added that there has never been a system which determined a level of cannabis intoxication. “The thought is, cannabis affects people in different ways,” he said. “I don’t necessarily agree with that I would like to see a 0.08 level, like with alcohol.” He called for “a certain level … where we can say that it is probable cause for an arrest. But until the legislation changes, we won’t be able to do that.”
“Technology is improving every single day, so it’s just a matter of time,” Suffolk County Executive Ed Romaine added.
Long Island Life & Politics asked Catalina if there have been any civil rights issues with the testing. Catalina said he is not aware of such situations, but added, “That’s not for us to decide. That’s for the courts.”
Suffolk County District Attorney Ray Tierney pushed a Deadly Driving bill that would update the list of drugs that officers could charge a driver who is under the influence; currently, if a driver tests positive for a drug that is not on the list, that driver cannot be charged.
“We’re hoping that bill makes its way into the budget,” Chief Assistant District Attorney Allen Bode said, adding that the “antiquated” list of banned substances will be updated and allow police to “charge common-law drug intoxication,” similar to charging drivers for DWI.
Catalina also noted that the police will not only be patrolling the roadways, but the waterways as well. In addition, the SCPD will enhance its patrols.
The increase in staffing will include increasing personnel in the Suffolk Intensified Traffic Enforcement (SITE) team from Memorial Day to Labor Day, utilizing officers with the Selective Alcohol Fatality Enforcement Team (SAFE-T) on marine boats for BWI enforcement for the upcoming holiday weekend.
Nine more officers will be on BWI enforcement, raising the number of officers to 18, “so we’ll have more bodies on our waters,” Suffolk County Police Commissioner Kevin Catalina said.
Catalina also announced a new pilot program to staff Marine Delta 24 hours a day on the North Shore. It used to be staffed 16 hours a day, but the around-the-clock patrols “was something that the community needed and asked for,” he said.
Five more officers will be added to the highway patrols, in addition to the 30% increase in patrol officers over the past year. Catalina said they will be on the lookout for impaired and aggressive driving. “This year, the roadways get a lot more crowded, so [the five new officers] will be assisting us with [enforcement] as well,” he said.
Catalina also said that more officers will be deployed to local downtown areas in Lindenhurst and Huntington. “They’ll be interacting with the pubic and making sure everyone’s doing what they’re supposed to be doing,” he said.
He said the SCPD will be taking “a zero-tolerance approach,” Catalina said. “If you’re driving impaired, whether by alcohol or by drugs, you’ll be ending up in the back of our police cars. … If you do it, plan on the worst thing happening … because you could wind up dead or wind up killing somebody.”
The presentation ended with a demonstration of a car seized by the SCPD being crushed in one of Gershow’s compactors. The car that was crushed was a full-sized BMW that was seized by police after the driver allegedly fled from police.
If a driver gets caught, “not only will you lose your car, you probably won’t get it back,” Romaine said.
Catalina said crushing the car acts as “a deterrent” for other drivers who might think of getting behind the wheel after drinking or taking drugs. “We want to show people there are consequences for your actions and if your car is seized by the Suffolk County Police Department, it might wind up in a scrap yard, too.”
Bode echoed Catalina’s sentiments. “You need to think about the consequences of your actions. You may be dead. If you kill someone, you will have to live with that for the rest of your life.”
Bode said those who are arrested for driving under the influence of alcohol or drugs may face $15,000 in legal fees, as well as their car. “It’s not worth it,” he said.
“We’re all here to emphasize the message that we talked about time and time again: do not drink and drive, do not take drugs and drive,” Romaine said. “If you’re impaired in any way, don’t get behind the wheel. If you get behind the wheel and we catch you and you caused an accident, we’re gonna take the car.”