By Hank Russell
Last weekend, the Fourth of July holiday passed. What also passed was an opportunity to get tough on those who drive under the influence of drugs just before the holiday, according to a group of elected officials.
The legislation in question is the Drugged Driving Bill. The bill, sponsored by Assemblyman William B. Magnarelli (D-Syracuse), chair of the Transportation Committee, and Senator Christopher J. Ryan (D-Syracuse), a member of the Joint Senate Task Force on Opioids, Addiction & Overdose Prevention Committee, would expand the list of illegal drugs that impaired drivers could be charged with. The legislation would also change existing law in that the offender’s oral or bodily fluids may be tested for drugs and/or alcohol.
These elected officials said the proposed legislation enjoyed bipartisan support but never made it out of committee.
Why?
“My only thought is that, if it did pass [the transportation] committee, then the pressure is on [state leadership] to pass [the bill] on the floor,” said Assemblyman Michael Durso (R-Massapequa Park). “It’s a shame and, unfortunately, the people who drive on the roads are going to suffer, and those who break the law won’t be held accountable.”
Suffolk County District Attorney Ray Tierney echoed Durso’s sentiments. “You and your family are in more danger on our roads because drugged drivers cannot be prosecuted when they are obviously impaired and police cannot either say what is causing the impairment, or the substance is not on the list,” he said. “When drunk drivers are stopped, police do not have to name the type of alcohol the drivers used and the drivers do not get a ‘pass’ when they refuse
a test. The Deadly Driving Bill simply applies the same standard to drugs. That’s just common sense.”
Citing federal statistics, Tierney stated that 617 people died in crashes during the Fourth of July holiday period two years ago. Of that number, 233 were the result of drunk driving; that accounted for 38% of all July 4 crashes. Further, 2,653 people died because of drunk driving after Fourth of July celebrations in the five years ending in 2013.
“The numbers are actually higher, because they do not include drugged drivers,” he said.
Tierney said that, on June 12 — one day before the state Senate ended its session — three state Department of Transportation workers in the upstate hamlet of Hornellsville were struck by a driver who allegedly was high on nitrous oxide and veered into a work zone, hitting the DOT vehicle. The driver was arrested for reckless endangerment and driving while ability impaired by drugs.
However, the driver could not be charged with driving under the influence of drugs since nitrous oxide is not on the list. Tierney blamed it on the “undemocratic” leadership in Albany.
“Even that stark reminder of the danger posed by these drivers did not prompt the Senate to vote on the bill,” Tierney said. “How many people will have to die on our roads before the legislature acts on this common-sense bill?”
Durso said Magnarelli had a chance to bring it to the floor, but “he’s not pushing it, It makes me wonder.”
Long Island Life & Politics reached out to Magnarelli. “I’m still trying to get support for the bill,” he replied. “We’re not there yet.”
He said he is working with Albany leadership on an amendment “to satisfy their concerns.” When LILP asked Magnarelli to expound on the leadership’s concerns, he said, “They are concerned about the way the bill is written. It could foster problems to certain parts of the population.”
There is an amendment to the legislation in that “[t]he commissioner and the commissioner of the division of criminal justice serves shall collect data on the number of traffic stops, arrests and convictions for driving while intoxicated by a substance or combination of substances … by race, sex, age and national origin and provide an annural report to the governor, the speaker of the assembly and the temporary president of the senate.”
“Regretfully, the Drugged Driving Law didn’t pass due to the Assembly majority’s inability to realize how urgent this matter is for the entire state,” added Assemblyman Daniel Norber (R-Great Neck). “Our roads and highways have become death traps for innocent drivers, especially during times of celebration such as 4th of July.”
Monica Martinez (D-Brentwood), who co-sponsored the Senate version of the bill, said she was “disappointed” that the legislation did not go up for a vote. “We [went] into this holiday weekend concerned for the safety of all New Yorkers who are put at risk by the selfish actions of impaired motorists,” she said.
Martinez vowed she would “continue working with my colleagues in the next legislative session to advance these and other bills to protect New Yorkers on the road.”
LILP also reached out to Governor Kathy Hochul’s office for comment about the Drugged Driving Bill. A spokesperson replied, “Governor Hochul will review the legislation if it passes both houses of the state legislature.”