By Hank Russell
For the second year in a row, local politicians, district attorneys, state organizations and victims’ families held a rally at the Million Dollar Staircase in Albany on March 11 to call for the passage of a bill that would remove “dangerous” and “outdated” loopholes when arresting someone who drove under the influence of drugs. Some have also demanded that the governor incorporate it into the state budget. Some at the rally held up photos of loved ones who were killed by a drugged driver.
Both Governor Kathy Hochul’s proposal and the “Deadly Driving Bill” (S.5457 and A.3981), introduced by state Senator Leroy Comrie (D-St. Albans) and Assemblyman William Magnarelli, respectively, seek to make New York’s drugged driving laws applicable to all dangerously impaired drivers — not just those impaired by drugs on a statutory list. New York is one of only four states that limits drugged driving to such a list, which the National Transportation Safety board urged New York to eliminate in a 2023 safety recommendation.
Both bills have been referred to the Transportation Committee.
“Too many families have been devastated by impaired drivers who could not be prosecuted because of this dangerous loophole in our law,” said Suffolk County District Attorney Ray Tierney. “When a driver is clearly impaired and endangering lives on our roads, it shouldn’t matter whether the substance they have used appears on an outdated list. What matters is the danger they pose to everyone sharing our roadways.”
The proposed legislation codifies multiple safeguards, including the best available science, roadside drug screening, expanded toxicology testing and officers specially trained officers to record the physical effects of substances. Body worn cameras will record driver appearance, behavior, and those physical effects.
Data from the Division of Criminal Justice Services shows that current drugged driving enforcement has not disproportionately affected minority drivers, with approximately 70 to 75% of those arrested being white.
Nassau County DA Anne Donnelly said these incidents have become too prevalent in her county. “Unfortunately, for too long, our state laws have not kept pace with changes in drug chemistry, allowing drugged drivers to slip through our fingers, avoid accountability, and put fellow motorists at risk,” she said. “I’ve stood with my law enforcement colleagues from across the state to advocate for closing this dangerous loophole, and again, urge our legislature to include proposed fixes to our drugged driving laws in this year’s budget.”
At the rally, Assemblyman Keith Brown (R,C-Northport) recalled the deaths of the Huntley family. Last July, a driver — high on fentanyl and driving at 120 miles per hour — rammed the back of the Huntleys’ car at a traffic light. All four in the car — Patrice Huntley, his son Jeremiah, his daughter Hannah and his step-granddaughter Chantel — were killed. The defendant, was sentenced to seven to 21 years in prison.
“The defendant should never have been driving, and if he hadn’t been, Patrice, Jeremiah, Hannah and Chantel would never have been killed,” Brown said. “To prevent future drugged-driving-related accidents like this one, the state must act now during this session to push forward policy changes that will keep impaired drivers off the road, get impaired drivers into treatment and keep New Yorkers safe.”
“If we have learned anything during the current opioid crisis, it is that public safety is enhanced when laws that hold people accountable for their actions are paired with evidence-based substance use prevention,” said Jeffrey Reynolds, president and CEO of the Family and Children’s Association, calling the loopholes “outdated.” “Long Islanders rely heavily on cars and our region leads the state in crashes and roadway fatalities. Those injuries and deaths are preventable. … This shouldn’t wait another day.”