Provides for mandatory testing of breath, blood or urine in the event of a motor vehicle collision resulting in death or injury

4 Co-sponsors

• John J. Bonacic
• John A. DeFrancisco
• Martin J. Golden
• Michael H. Ranzenhofer

BILL NUMBER:S4422

Title of bill

An act to amend the vehicle and traffic law, in relation to mandatory testing in the event of a motor vehicle collision resulting in injury or death

Purpose

To provide a mechanism for greater enforcement of driving while intoxicated and driving while ability impaired laws involving motor vehicle accidents.

Summary of provisions

Section 1. Subparagraph 1 and 2 of paragraph (a) of Subdivision 2 of Section 1194 of the Vehicle and Traffic Law, as amended by Chapter 196 of the Laws of 1996, are amended and a new subparagraph 2-1 is added. Requires. for a mandatory chemical test when a motor vehicle accident results in a death and a court ordered chemical test when there is a serious personal injury.

Justification

All too often, intoxicated drivers who are involved in motor vehicle crashes escape prosecution. In August of 2004, the National Highway Traffic Safety Administration's Final Report on State Laws and Practices for BAC Testing and Reporting Drivers Involved in Fatal Crashes, found that New York State reported testing only 3.9% of surviving drivers who were involved in fatal crashes for their Blood Alcohol Concentration. Only two states reported testing a smaller percentage of surviving drivers involved in fatal crashes. This legislation requires a mandatory chemical test be performed when there is a serious personal injury or a death as a result of a motor vehicle accident where it is reasonably believed that the driver was under the influence of alcohol.

Legislative history

2009-10: S.2498 Transportation 2007-08: S.4014/A.6945 2006: A.7002-A

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.