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S6242Senate2009-2010 Session

Requires that any persons operating a motor vehicle involved in an accident be subjected to mandatory breath and chemical testing

Sponsor Pedro Espada Jr.SD-33Affects Transportation
Status
In Senate Committee
Transportation
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Transportation

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Who cares

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Sponsors

Primary sponsor
Pedro Espada Jr.

Senator · Senate District 33

No co-sponsors yet.

History

  1. Referred to transportation
  2. Referred to rules

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the vehicle and traffic law, in relation to requiring that any persons operating a motor vehicle involved in an accident be subjected to mandatory breath and chemical testing

Summary of provisions

Paragraph (b) of subdivision 1 and subparagraphs 1 and 2 of paragraph (a) of subdivision 2 of section 1194 of the Vehicle and Traffic law, paragraph (b) of subdivision 1 as added by chapter 47 of the laws of 1988 and subparagraphs 1 and 2 of paragraph (a) of subdivision 2 as amended by chapter 196 of the laws of 1996 are amended to require that any persons operating a motor vehicle which has been involved in an accident or which is operated in violation of this chapter of the vehicle and traffic law shall be subjected to mandatory breath and, when applicable, chemical testing.

Justification

According to the National Highway Safety Traffic Administration, drunk driving fatalities accounted for 32% of all traffic deaths in 2008; that is, on average someone is killed in an alcohol-impaired driving crash every 40 minutes in the United States. Under current New York law when an automobile accident occurs there is often no test of blood alcohol level conducted even if the accident results in serious physical injury or even death. This can be very disconcerting for the victim(s) and/or the victims' family who are left with many lingering unanswered questions about the cause of the accident which caused serious physical injury or death to a loved one -- and no recourse. Not only does this create unending emotional pain for many innocent people, but the integrity of the subsequent investigation is forever under a cloud of doubt.

By requiring mandatory breath and, when applicable, chemical testing after an auto accident or violation of this chapter of the vehicle and traffic law, many tormenting doubts would be alleviated and the validity of the subsequent investigation would be in tact.

Legislative history

New bill.

Fiscal implications

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.