Bill Closes Legal Loophole Allowing Some Impaired Drivers to Skirt Prosecution
(Queens, NY)– NYS Senator Joseph P. Addabbo, Jr. (D-Queens) today announced that legislation (S.754) he co-sponsors to better protect New Yorkers from drivers who get high on substances not generally covered under New York’s drunk and drugged driving laws has been approved by the full State Senate.
“Whether a driver knowingly downs a six-pack of beer before getting behind the wheel, or purposefully inhales an intoxicating vapor before hitting the road, that person is putting the lives of others at risk
by operating a motor vehicle with compromised driving abilities,” said Addabbo. “However, owing to a loophole in state law which lists the specific substances that must be ingested or otherwise abused to
constitute driver impairment or intoxication, some motorists who have injured others as a result of their bad judgment have escaped full prosecution for their crimes.”
Accordingly, Addabbo said, “Justice has not been fully served and the law needs to be changed in order to address all forms of impaired driving. My legislation will help remedy this issue and hopefully
ensure safer roadways.”
The legislation better defines “impaired” and “intoxication” to clarify that these terms reflect a driver’s state of mind, regardless of the intoxicant used. As such, the measure will address the fact
that some drivers, in the past, have escaped prosecution for driving under the influence (DUI) because they have not ingested alcohol or specific drugs now listed in the public health law.
For example, in a January 2004 case, New York resident Vincent Litto killed one person and seriously injured several others when he drove his car after inhaling a spray can of “Dust-Off,” an aerosol
intoxicant. Since “difluoroethane,” the chemical propellant in the aerosol, was not among the intoxicating substances outlined in New York’s public health law, the courts found that Litto could not be
charged with either DUI or 2nd Degree vehicular manslaughter.
“This legislation sends an important message to people who irresponsibly operate motor vehicles with impaired abilities: whether you drink it, smoke it, inhale it, huff it, or pop it, you’re in big
trouble if you get behind the wheel drunk or high,” said Addabbo. “It’s not about what substance you took – it’s about whether you pose a threat to the safety and lives of others.”
The legislation, which now goes to the New York State Assembly for consideration, also provides an “affirmative defense” for drivers who can demonstrate that they did not know that a particular substance, or
combination of substances, could lead to impaired driving abilities. This defense, however, cannot be pursued if it can be shown that they also consumed alcohol or a controlled substance already outlined in
New York’s public health law.
“I am gratified that this important bill passed the Senate with overwhelming support and I am hopeful the Assembly will soon follow suit,” said Addabbo. “I am confident that this measure will save
lives and ensure greater justice for those injured by drunk and drugged drivers who fail to put their common sense and responsibility to others in gear before they get behind the wheel.”
