Senate Proposes Increased DWI Penalties
Posted on Tuesday, 10 of June , 2008 at 10:39 pm
ALBANY—The New York State Senate has passed and sent to the Assembly a package of legislation to combat the growing problem of driving while intoxicated, upgrading tough penalties for the crimes of aggravated vehicular assault and vehicular murder, increasing the license revocation period for persons convicted of DWI offenses, and curbing underage consumption of alcoholic beverages.
Bill S.1697, sponsored by Sen. Joseph Robach (R-C-I, Rochester), would create stronger penalties for those who severely injure, or kill people while recklessly driving while intoxicated. “Despite our best efforts and those of wonderful community organizations like Mothers Against Drunk Driving some people are still knowingly breaking the law by driving drunk or under the influence of drugs and are threatening the lives of the innocent men, women and children around them,” said Robach.
The legislation adds a reckless driving element to the crime of aggravated vehicular assault, a class C felony. A person would be guilty of this crime if he or she recklessly caused serious physical injury to another person while operating a motor vehicle, vessel or public vessel, snowmobile or all terrain vehicle while intoxicated or under the influence of drugs.
The bill also adds the element of recklessness to the crime of vehicular murder, a class B felony, for anyone who recklessly causes the death of another person while operating a motor vehicle, vessel or public vessel, snowmobile, or all terrain vehicle while intoxicated or under the influence of drugs.
Bill S.4735, sponsored by Sen. Kenneth P. LaValle (R-C-I, Port Jefferson), would create a mandatory minimum period of license revocation of one year upon the first conviction of driving while intoxicated.
Additionally, the Senate S.7577A, sponsored by Sen. Charles Fuschillo (R, Merrick), that creates “social host” liability for individuals who permit the consumption of alcoholic beverages on their property by persons under 21 years of age.
“Underage drinking is not only illegal, it can lead to drunk driving crashes and sexual assaults among teenagers,” said Fuschillo. ”Adults who act as bartenders for someone else’s underage child put that child at risk. Creating penalties for adults who knowingly serve alcohol to teenagers will help reinforce the message that New York State is serious about stopping underage drinking.”
Social gatherings at private premises where alcoholic beverages are served to or consumed by persons under the age of 21 is harmful to themselves and a threat to public welfare, health and safety. A 2005 survey of teenagers aged 13 to 18 conducted by the American Medical Association found that nearly half of teenagers surveyed reported having obtained alcohol and two out of five teenagers said it was easy to obtain alcohol from a friend’s parents.
The bill adds penalties of $250 for a first offense, $500 for a second offense, and for the third offense and any subsequent offense a fine of $1,000 or imprisonment for a term not to exceed one year, or both fine and imprisonment. The bill also permits local governments to enact and enforce local laws or ordinances which contain stricter restrictions than those contained in this proposal. 6-10-08
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Category: Courts, Crime, New York State, Politics
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