Senators Fuschillo And Little Announce Senate Passage Of Bill To Close Loophole In State DWI Laws
March 5, 2010
(New York,N.Y.)-The State Senate today unanimously passed legislation sponsored by State Senators Charles J. Fuschillo, Jr. (R-Merrick) and Betty Little (R-Queensbury) which would close a loophole in the state’s DWI laws which is allowing many drunk drivers to escape justice, even if they kill innocent people.
Current state law contains an unnecessary restriction forbidding certain trained medical personnel, such as advanced emergency medical technicians, phlebotomists, nurse practitioners, and licensed practical nurses, from withdrawing blood to determine alcohol or drug content without having a physician present. Drunk drivers have used this technicality in the law to have their blood evidence thrown out and escape prosecution.
The proposed law is named after double Olympic gold medalist Jack Shea of Lake Placid, who was killed by a drunk driver in 2002. Despite killing Mr. Shea and having a blood alcohol level of .15, that drunk driver was able to escape prosecution using this loophole.
Senator Fuschillo said, “Drunk drivers who cause crashes and claim innocent lives should not be able to escape prosecution due to a technicality in the law. There are numerous licensed health professionals who are fully trained to take blood to determine alcohol content without the presence of a physician. I am pleased that the Senate has passed this legislation, and I urge the Assembly and Governor Paterson to join us in closing this legal loophole and helping law enforcement bring drunk drivers to justice.”
Senator Little said, “Jack Shea was a beloved and highly respected member of the Lake Placid community. His sudden and tragic death was made even worse because of a technicality in the law that prevented the driver from being prosecuted. The Senate today passed with bipartisan support legislation that would close that loophole. We need the Assembly to join us and make this happen this year.”
“Enacting this measure into law would bring final closure on a terrible time in our lives,” said Jim Shea, Sr.. “It was heartbreaking for our family to not have my Dad with us when his grandson won the gold medal in skeleton at the 2002 Winter Olympic Games. The question we ask about the law still not having been changed is why does it take so long to do something that is so right? We don’t want anyone to have to ask the same question. I urge the State Assembly to pass this legislation immediately.”
Under the legislation (S.46-A), the following medical professionals would be authorized to withdraw blood to determine alcohol or drug content: a physician; a registered professional nurse; a registered physician’s assistant; a medical laboratory technician or medical technologist as classified by civil service; a phlebotomist; an advanced emergency medical technician as certified by the department of health; a medical laboratory technician or medical technologist employed by a clinical laboratory; a licensed practical nurse; and a nurse practitioner.
The legislation is supported by the District Attorney’s Association of the State of New York. In a memo of support the Association stated that the legislation was “critical” and would “assist [district attorneys] in the proper prosecution of drunk drivers.”
Kate Hogan, the President of the District Attorneys Association of the State of New York stated that “We are grateful that the Senate has voted to pass this common sense solution to close a legal loophole. We urge the Assembly to do the same as soon as possible. New Yorkers deserve laws that make sense.”
Nassau County District Attorney Kathleen Rice, who supports the law, stated “It is essential that law enforcement have every piece of evidence possible when prosecuting drunk drivers who recklessly endanger innocent motorists. I am pleased that this law is clearing hurdles and look forward to the day it becomes law.”
In New York State, there are numerous examples of the ongoing difficulties that law enforcement face in prosecuting DWI cases under current state law. The case surrounding the death of Jack Shea, the patriarch of a three-generation Olympic family who won his gold medals in speed skating in the 1932 Olympic Games, is one of the more well-known examples.
Jack Shea was killed on January 23, 2002 in a collision with the drunk driver near his home in Lake Placid. No doctor was on duty at the small regional clinic where both Shea and the drunk driver were brought for treatment after the crash. The physician’s assistant and the registered nurse on duty treated Shea, the more severely injured of the two, and an emergency medical technician drew the driver’s blood at the request of a police officer. The drunk driver consented, and his level showed a .15 BAC.
Because there was no doctor present, ultimately, the district attorney was not able to use the blood as evidence and the charges against the driver were dismissed. The district attorney appealed the ruling but the Appellate Court felt compelled to uphold the suppression of evidence due to current law. The Appellate Judge, however, called on the Legislature to amend the statute to remedy what they saw as an unnecessary restriction in the law.
The legislation has been sent to the Assembly.
Posted by News LI Editor · Filed Under Society
Have a press release or local story you would like us to review? Let us know about it!
| You can Bookmark & Share this page by clicking here: |
|
More Long Island News
-
Long Island Exchange is the leading resource on Long Island New York for news and business. Find Long Island news, check local weather, real estate, classifieds, and auto dealer listings for Long Island.
News Comments for this Article
Got something to say? Be sure you've read and understand our (Terms of Service)
You may not post any unlawful, threatening, defamatory, obscene, pornographic or other material that would violate the law. All comments should be relevant to the topic and remain respectful of other authors and commenters. You are solely responsible for your own comments, the consequences of posting those comments, and the consequences of any reliance by you on the comments of others. More...
