Enacts "Vince's law" to increase fines, terms of imprisonment and license conditions for violations of provisions of law relating to driving while intoxicated

BILL NUMBER:S5338B

Title of bill

An act to amend the vehicle and traffic law and the executive law, in relation to enacting "Vince's law" to increase fines, terms of imprisonment and license conditions for violations of provisions of law relating to driving while intoxicated or impaired by drugs

Purpose

To enact Vince's law which would increase the criminal penalties for driving while intoxicated or impaired by drugs, and would specifically address repeat offenders by increasing fines, terms of imprisonment and license conditions for persistent drunk drivers.

Summary of provisions

Section 1 creates the law known as Vince's law.

Section 2 amends the vehicle and traffic law section 1193. For a first offense the fine would increase from no less than $500 to no less than $1000, and would require offenders to receive a conditional license for 18 months allowing them to drive back and forth to work, and back and forth to the hospital, doctor, dentist, or emergency room. A second offense, would result in a felony that would require a mandatory license revocation of 18 months, a $2500 fine and a mandatory period of incarceration of six months to one year. After a third offense and each conviction thereafter, offenders would face a mandatory license revocation of 7 years, a $5000 fine and a mandatory incarceration period of 5 to 7 years. It also creates a C Felony punishable by a fine not less than $10,000 not more than $15,000 and imprisonment of no more than 15 years.

Section 3 amends section 1193 of the vehicle and traffic law and adds a new subdivision 1b.

Section 4 amends section 243 of the executive Law by adding a new subdivision 5.

Justification

In January 2011, 82 year old Vincent Russo was on his way to Sunday morning mass, when he was critically injured after being struck head-on by a drunk driver. Tragically, Vince later died from his injuries. During the ensuing investigation it was revealed that at the time of the accident, the drunk drivers blood-alcohol count was found to be four times the legal limit in New York State, and that he was free awaiting sentencing for a fifth DWI violation that occurred in November of 2010. Vince's family as well as members of the community were outraged and wanted to know why a person with five prior DWI convictions was not already in jail.

Under existing law, judges and the district attorney's office have a great deal of discretion in imposing sentences on those convicted of DWI.

DWI is a serious offense and the penalties imposed on these offenders should reflect the seriousness of this crime. This legislation would serve to address this issue by implementing harsher penalties for those convicted of DWI, and would specifically address the issue of persistent drunk drivers by requiring those convicted of a second DWI offense and any DWI conviction thereafter to face increased penalties including a mandatory period of incarceration.

Legislative history

New bill.

Fiscal implications

To be determined.

Effective date

The first of November next succeeding the date on which it shall become law.