Senator proposes expansion of the law on drugged driving | News, sports, jobs

A senator from Rochester is proposing a broad expansion of New York’s definition of drunk driving.

Sen. Jeremy Cooney, D-Rochester, proposes to amend Section 114-a of the state Vehicle and Traffic Law to expand

the definition of drug is any substance or combination of substances that, to any extent, impairs the physical or mental capabilities of a driver. .

New York’s current drunk driving statute requires law enforcement to name the drug that impairs the driver and that the drug be on the state’s Public Health Act list in Section 3306. This requirement excludes synthetic drugs and household products that, when snorted or ingested, could harm the driver’s health. a driver. New York is one of four states that require a drug to be listed in the law to trigger a drug-related traffic violation, Cooney said.

The National Transportation Safety Board sent a letter to Gov. Kathy Hochul in January 2023, Cooney said, asking the state to change its law, something that hasn’t happened since.

“This bill seeks to follow the NTSB safety recommendation, make the legislative correction, and bring New York into line with the other 46 states,” Cooney wrote in his legislative justification.

It is not the first bill introduced to address this problem. Legislation has been introduced since the 2007 People v. Litto State Court of Appeals case, which created the loophole. That legislation included allowing field testing with oral fluids, revoking driver’s licenses for those charged with drunk driving when charged rather than after conviction, the same way drunk driving is handled; allegedly confiscated the driver’s licenses of those who refused the examination of a drug recognition expert; and would have expanded the use of court orders to force blood samples from those suspected of drunk driving.

“Through this process, dangerously impaired drivers would have their licenses suspended or revoked, receive treatment intervention, complete the impaired driving educational program and undergo behavior modification. The purpose of this legislation is to save lives by catching drugged drivers before they crash and kill,” Cooney wrote.

The National Highway Traffic Safety Administration (NHTSA) reported in June 2021 that nationally, 56% of drivers involved in serious injuries and fatal crashes tested positive for at least one drug. The Institute for Traffic Safety Management and Research (ITSMR) reports that in New York between 2013 and 2022, there has been an 87% increase in the number of drivers involved in fatal crashes who tested positive for at least one drug under the public health law ( PHL) § 3306 list. Drug-related traffic accidents increased by 33% in the five years between 2018 and 2022, Cooney wrote, warning that he believes the figures are likely higher because the statistics do not take into account drugs not included in the State Public Health Service. Law list.

“The clear indication is that drunk driving has become an increasing threat and is increasing the number of lives lost,” Cooney wrote.