SENATE PASSES SEAN�S LAW

Senate Also Passes Graduated Driver�s Licenses, .08 BAC & Repeat DWI Penalty Legislation

Tuesday, January 29, 2002

The New York State Senate today passed "Sean�s Law" that would get teenage drivers charged with DWI or DWAI off the road more quickly by requiring an expedited court hearing and allowing a judge to suspend the drivers permit, license and/or registration of the driver.

The legislation is part of a package of three bills passed today by the Senate that would make our roads safer by instituting a graduated drivers license system for teenagers; reducing the minimum blood alcohol level (BAC) to be charged with DWI from .10 to .08; and cracking down on repeat drunk drivers through tougher criminal penalties.

"Sean�s Law" is named after 17 year old Sean French of Columbia County who was killed New Year�s Day by a teenage drunk driver already awaiting arraignment on a December 13th DWAI charge.

"The tragedy that took the life of Sean French could have been avoided if the other teenagers� drivers license had been suspended after that first DWAI," Senate Majority Leader Joseph L. Bruno said. "While young people are just learning to drive, getting charged with drunk driving is a serious indication that that individual is not ready to handle the responsibility of being behind the wheel. That�s why we should ensure that the court process moves as quickly as possible to suspend a teenager�s license to get him or her off the road."

"Sean was an outstanding student, athlete and member of the Columbia County community," said Senator Saland, sponsor of the legislation. "By expediting the suspension of a driver�s permit or junior license of anyone suspected of driving under the influence, suspending their registration, and requiring parental notification, this bill will save lives. Sean�s memory will be honored through the prevention of future tragedies."

The bill would require that when the holder of a learners permit or junior drivers license is charged with DWI or DWAI, the arraignment must be held at the next regular local court session. At that time, a judge would have the authority to immediately suspend the drivers� permit or license, and suspend the registration if the vehicle is registered to that driver. Under current law, a court must wait 20 days after arraignment before suspending a driver license. Courts do not have the authority to immediately suspend a registration and there is no required time frame for the court to arraign a case.

The length of the suspension would depend on the sentence imposed by the court. The license and/or registration would be returned if the offender is found not guilty.

In addition, the bill would require law enforcement authorities to notify parents if their 16 or 17 year old child is charged with drunk driving.

GRADUATED DRIVERS LICENSES
The Senate also passed legislation that calls for the implementation of a Graduated Drivers License system to give young drivers more experience on the road before getting a junior license or unrestricted drivers license.

"This plan would save lives," said Senator Owen H. Johnson (R-C, Bablyon), sponsor of the bill, who noted that other states that have implemented graduated licensing have seen dramatic reductions in accidents and fatalities among young drivers. "Having advocated for enactment of a graduated licensing law in New York since 1998, I am excited about the prospect of seeing it finally become a reality. It would be the most sweeping change in how we train and license young drivers in New York State."

According to the National Highway Traffic Safety Administration (NHTSA), teenage drivers are four times more likely to die in a car crash compared to drivers ages 25 to 69. Motor vehicle crashes are the number one killer of American teenagers because they lack driving experience and tend to take greater risks behind the wheel. Graduated driver licensing (GDL) is a system that is effective in reducing young driver crash fatalities. It is designed to introduce young drivers to the driving experience gradually, by phasing in full driving privileges over time and in lower-risk settings.

Under current law, a 16 year old can get a permit, pass a course and receive a junior license in a matter of days. Under the provisions of the Senate bill, a 16 year old can get a learner�s permit and must hold it for a minimum of six months before becoming eligible to take their road test to earn a junior license.

A junior license would become a full, unrestricted license after at least 1 year, or when the holder turns 18. An unrestricted license can be obtained at age 17 � upon successful completion of a driver�s education course.

In certain counties, the measure would allow exceptions under certain circumstances for demonstrated hardships, including driving to and from work, school or child care. These exceptions would not be available in New York City, or in Suffolk, Nassau, Rockland, Westchester or Putnam counties due to the greater level of difficulty of driving caused by traffic congestion, as well as the greater availability of mass transit downstate.

In addition to the driver experience requirements, the measure would also place restrictions on the number of teenagers in a vehicle operated by a permit holder or junior licensee without adult supervision.

.08 BLOOD ALCOHOL LEVEL FOR DWI
The Senate also passed legislation today that would reduce the minimum blood alcohol level (BAC) to be charged with DWI from .10 to .08 to help deter people from even having a few drinks and getting behind the wheel. According to the National Highway Transportation Administration, lowering the BAC limit can reduce fatal crashes by up to 18 percent.

"New York State has made significant strides in combating DWI," Senator Charles Fuschillo (R-C Merrick), sponsor of the legislation said. "Today�s initiative takes another giant leap forward by enacting a .08 BAC limit as well as targeting repeat offenders. I wish to applaud Mothers Against Drunk Driving who have taken the lead in the fight for .08 as an effort to continue the trend of reducing the number of alcohol-related deaths and injuries in our state and to make our roads and highways safer from those who drink and drive. According to MADD statistics, this legislation would help save approximately forty lives a year throughout the state."

If the Assembly fails to act on this bill, New York faces the loss of millions of dollars each year in federal highway and transportation funding under a recent federal mandate requiring all states to adopt the .08 percent BAC limit by October 1, 2003. Thirty one states have already adopted .08.

TOUGHER SENTENCES FOR REPEAT DWI OFFENDERS
The same bill that reduces the BAC level needed to be charged with DWI would also establish tougher criminal penalties on repeat drunk drivers. According to the National Highway Transportation Administration, one in every three drivers charged with driving while intoxicated has a previous DWI within the prior ten years.

"Every year thousands of people are killed or injured in DWI related traffic accidents, making it the most dangerous problem on our nation�s roads," Senator Patricia McGee (R-C, Franklinville), Chairperson of the Senate Committee on Alcoholism and Drug Abuse, said. "The Senate Majority continues to be the leader in trying to prevent DWI across the state. This measure will build upon previous efforts and help save lives, we urge the Assembly to pass this important legislation."
The bill includes several provisions that would increase criminal penalties, including mandatory jail terms or community service for DWI repeat offenders:

> 5 days jail or 30 hours community service for a DWI conviction with one prior DWI conviction within 5 years;

> 10 days jail or 60 hours community service for a DWI conviction with 2 or more prior DWI convictions within 5 years;

The bill would more than double the minimum fines for repeat DWI offenders from $1,000 to $2,500 for two DWIs within five years, and from $2,000 to $5,000 for three DWIs within ten years.

As part of sentencing, DWI repeat offenders must undergo an alcohol or drug dependency assessment. In addition, they will either have their automobile registration revoked or an ignition interlock device installed on their automobile. This choice would be at the discretion of the sentencing judge.

In addition, the bill strengthens and broadens Vehicular Assault in the 1st degree and Vehicular Manslaughter in the 1st degree by: adding the additional elements of causing serious physical injury or death; considering similar convictions of a substantial nature that occurred in other states and considering if a person has been convicted multiple times within the prior 10 years of any combination of any alcohol and drug driving offense.

In addition, the bill would:

> Strengthen Vehicular Assault 2nd and Vehicular Manslaughter 2nd by eliminating the need to prove criminal negligence by the defendant when their ability is impaired by alcohol or drugs (includes autos, snowmobiles, vessels and all-terrain vehicles); and

> Raise the crime of Unlawfully Dealing with a Child 1st from a Class A Misdemeanor to a Class E felony when a person purchases or causes alcohol to be given or sold to a person under the age of twenty-one 3 times or more within a 5 year period.

NEW CRIMES FOR DRUNK DRIVERS
The legislation would also establish new crimes for serial drunk drivers and drivers with very high blood alcohol levels including:

> Aggravated Driving While Intoxicated, a Class E Felony, when a person is convicted of DWI with a BAC of .20 or more. The average BAC of a driver charged with DWI is .17. The mandatory license revocation period would be increased from six months to one year for the first offense and fines range from $500-$5,000.

> Aggravated Vehicular Assault, a Class C Felony, whereby a person recklessly causes the serious physical injury of another while driving while intoxicated or under the influence of drugs.

> Driving While Impaired by the Combined Effects of Alcohol and Drugs, which recognizes that a combination of these two substances can result in a substantial impairment to a person�s ability to drive.

> Evasion of a Police Officer by a Motor Vehicle Operator, a Class A Misdemeanor, becomes a Class E Felony if a police officer or bystander(s) are injured. The police officer must however, be operating an authorized emergency vehicle marked with police decals and have activated the vehicle�s emergency lights and siren.

> Vehicular Murder, a Class B Felony, whereby a person recklessly causes the death of another while driving while intoxicated by alcohol or under the influence of drugs.

In addition the bill would:

> Ensure that all motor vehicle operators who refuse to take a chemical test are treated the same concerning the mandatory requirement that their license be suspended and then revoked; and strengthening existing crimes and creating new crimes:

> Permit prosecutors to more easily obtain the medical records of drivers involved in accidents where the use of drugs or alcohol are suspected.

The bills were sent to the Assembly.

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