Suffolk County District Attorney’s Office, Coalition, Victims Rally at State Capitol for Second Year in a Row for Deadly Driving Bill
Suffolk County District Attorney Raymond A. Tierney announces that his Special Assistant for Legislative Initiatives and Co-Chair of the DAASNY Vehicular Crimes Subcommittee joined victims’ families and a coalition of more than 50 organizations in Albany at a rally supporting the Governor’s drugged driving proposal in the budget (S.3008A/A.3008A) and legislation to close dangerous loopholes in New York’s drugged driving laws.
Both the Governor’s proposal and the “Deadly Driving Bill” (S.5457 and A.3981), 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.
“Too many families have been devastated by impaired drivers who could not be prosecuted because of this dangerous loophole in our law,” said District Attorney 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impaired and endangering lives on our roads, it shouldn’t matter whether the substance they have used appears on an outdated list.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.”
“Regardless of your position on the decriminalization and legalization of recreational marijuana, everyone should be able to agree that rampant drugged driving is not only reckless but dangerous and presents a clear and present danger to our roadways, fellow motorists, and pedestrians. Rest assured, the women and men of my office will continue to do everything in our power to hold those who drive under the influence and commit vehicular violence accountable in the courtroom,” said District Attorneys Association of the State of New York President, Richmond County District Attorney Michael E. McMahon. “However, wholly inadequate and outdated state laws combined with a severe dearth of Drug Recognition Experts across New York State have allowed for far too many to drive under the influence and endanger the lives of our loved ones without accountability. The critical legislation put forth in Governor Hochul's Executive Budget will not only hire more Drug Recognition Experts but will empower police and prosecutors alike to better hold impaired drivers accountable for jeopardizing the lives of themselves and all around them and I proudly join my fellow District Attorneys in calling for the passage of this commonsense and pro-public safety legislation.”
“Drivers cannot get behind the wheel if they are impaired by alcohol or any type of drug because they risk the lives of other drivers and pedestrians, as well as their own,” said Bronx District Attorney Darcel D. Clark. “Passing this legislation will give us more tools to hold dangerous drivers accountable and ultimately make our streets safer.”
“Anyone who takes the wheel holds the responsibility of keeping those around them safe,” said New York County District Attorney Alvin Bragg. “People who drive under the influence of drugs pose a major risk to public safety, taking the lives of far too many. I thank Governor Hochul for including this crucial legislation in her proposed budget, and our legislative partners for this commonsense legislation that will finally hold these dangerous drivers accountable.”
“Every New Yorker deserves to feel safe on our streets, but current laws fail to hold drug-impaired drivers accountable unless a specific substance can be named. That’s not how impairment works, and it’s not how justice should work either,” said Brooklyn District Attorney Eric Gonzalez. “The Deadly Driving Bill closes a dangerous loophole, ensuring that drivers who are visibly impaired – regardless of the substance – can be stopped before they cause another tragedy.
This is common-sense reform that will save lives, and I urge the legislature to pass it before more families have to suffer the irreversible loss of a loved one.”
“The Deadly Driving Bill aims to fix a major loophole in our vehicular and traffic law by providing an additional tool for law enforcement to crack down on drugged driving. Under the current law, all an impaired driver has to do at the scene is refuse a drug test to avoid any accountability for placing numerous lives in danger,” said Queens District Attorney Melinda Katz. “We need policies that reflect the real threat and harm these preventable crimes have on our families and communities. I thank the Governor and the State Legislature for leading the charge to update the law against drugged drivers to ensure the safety of all New Yorkers on our shared roadways.”
“We continue to see, year after year, reckless drunk and drugged drivers causing death and destruction on our roadways in Nassau 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,” said Nassau County District Attorney Anne T. Donnelly. “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.”
“Communities across New York are losing family members and friends to drivers impaired by all kinds of substances,” said Onondaga County District Attorney William J. Fitzpatrick. “It does not matter whether the drug is on a list or not. What matters is that people are in danger and it is time for New York to join the other 46 states and fix this law. I want to commend Assemblyman Bill Magnarelli for leading the fight on this issue and the Governor for including this urgent public safety issue in her budget.”
“This outdated loophole in state law handcuffs law enforcement, leaves those struggling with a drug problem untreated and puts innocent drivers, cyclists and pedestrians at risk. Long Islanders rely heavily on cars and our region leads the state in crashes and roadway fatalities. Those injuries and deaths are preventable,” said Family and Children’s Association, President/Chief Executive Officer, Dr. Jeffrey Reynolds.
“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 messages and readily accessible drug and alcohol treatment. This shouldn't wait another day.”
“National not-for-profit Responsibility.org and the National Alliance to Stop Impaired Driving (NASID) stand with the Coalition to Protect New Yorkers from Drugged Driving (CPNYDD) in urging Governor Kathy Hochul and Assembly and Senate leadership to pass the drugged driving bill,” said Kelly Poulsen, Senior Vice President of Government Relations, Responsibility.org and National Alliance to Stop Impaired Driving (NASID) representative. “Drunk driving, impaired driving, and multi-substance impaired driving are dangerous choices that oftentimes result in tragedy. We are proud to work with partners every day to increase road safety and prevent lives lost, and legislation is a big part of that. S3008/A3008 is a comprehensive bill that will make sure that impaired drivers in New York are not able to avoid arrest and, it further establishes New York’s dedication to eliminating impaired driving.”
“MADD applauds Governor Hochul for her leadership to stop drug-impaired driving. We are thankful to the Governor’s commitment to promote safer streets for all New Yorkers by including Assembly Transportation Committee Chair Magnarelli’s Deadly Driving proposal in the proposed state budget,” said MADD New York Regional Executive Director Paige Carbone. “MADD calls on lawmakers to follow the Governor’s lead and enact a state budget that includes these lifesaving drug-impaired driving reform provisions.”
“The New York State Association of Chiefs of Police joins with other traffic safety organizations in support of pending budget bills S.3008A and A.3008A and also the Deadly Driving Bill re-filed as A.3981. The increase in the number of drivers in fatal crashes testing positive for drugs is alarming and a threat to public safety on our roadways,” said William Georges, Chair of the New York State Association of Chiefs of Police Traffic Safety Committee. “Passage of these bills would produce positive results in addressing this dangerous issue and at the same time, would not expand law enforcement’s powers.”
“The county STOP-DWI coordinators are the backbone of the State’s efforts to combat impaired driving. Over the years our members have been increasingly frustrated with the inability to hold impaired drivers accountable solely because the impairing substance was not included on the Public Health Law list – particularly when the impairment led to death or serious injury to innocent victims,” said Lauren Savino, Vice President, STOP DWI Association. “The ability of law enforcement to stop drug-impaired drivers before they are involved in a tragedy is further exacerbated by the absurd requirement that a law enforcement officer has to be able to identify the drug in order to make an arrest. They don’t have to identify what kind of liquor was consumed by a suspected drunk driver, do they? For all that is good and sacred, we plead that the Legislature address these issues and make New York roadways that much safer.”
“Far too many people are being seriously injured or killed by drivers impaired by drugs. Indeed, according to recent state data from 2022, 37% of fatal crashes in New York State are drug related,” said AAA New York State Legislative Committee Chairman, John Corlett. “AAA strongly encourages legislators to pass legislation closing the glaring loopholes in the state’s drug impaired driving laws during this legislative session. AAA also commends both Suffolk County District Attorney Raymond Tierney and the Nassau County District Attorney for their leadership on this issue.”
“New York’s Legislature should act quickly to pass the Governor’s budget provisions that would modernize New York’s drugged driving statutes,” said Thomas M. Louizou, former USDOT NHTSA Regional Administrator (retired). “By allowing drugged driving charges based on observations of impairment and not requiring inclusion on a statutory list that can never be complete, Empire State lawmakers can take a distinct evidence-based step to save lives.”
This marks the third rally for this legislation after the deadly driving bill failed to pass in 2024 despite 50 co-sponsors and gathering more than 3,700 petition signatures.
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.
Suffolk County District Attorney Tierney has dedicated staff specifically to work with the Assembly Transportation Chair Bill Magnarelli and the bill sponsors to create an effective, fair, and equitable solution to the danger of drugged driving. He emphasizes that the bill would not create new crimes or expand police powers to stop vehicles. It would direct drivers to treatment and rehabilitation before they crash and kill. And it does not change the basis of the MRTA cannabis legalization law that always allowed for the smell of burnt cannabis to be considered in drugged driving investigations and uses an “actual impairment” standard publicly supported by the National Organization to Reform Marijuana Laws. Neither will it expand drugged driving to things like coffee. There is no evidence of these false claims from the rest of the country.
Rather, it would allow for effective enforcement of existing laws against all forms of dangerously impaired driving, regardless of the substance causing the impairment. The rally featured Henry Rivera and Kristin Ruggles who spoke on behalf of all families who have had family members stolen from them by drug impaired drivers.
Criminal complaints and indictments are merely accusatory instruments. Defendants are presumed innocent until proven guilty. No one is above the law.