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History
- Referred to transportation
Companion bill
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Defines the terms "impaired" and "intoxication" for the purposes of the vehicle and traffic law
In Assembly Committee · Transportation · Sponsor Michael Cusick
Full text
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Sponsor's memo
BILL NUMBER:S7170
Title of bill
An act to amend the vehicle and traffic law, in relation to the definitions of the terms "impaired" and "intoxication" for the purposes of such law
Purpose
To codify accepted legal definitions and include alteration of physical or mental abilities by known or unknown substances.
Summary of provisions
Section 119-b defines impaired in conformity with the language of the New York State Court of Appeals ruling in People v. Cruz, 48 NY.2nd 419, (1979).
Section 120-a defines intoxication in conformity with the language of the New York State Court of Appeals ruling in People v. Cruz, 48 N.Y.2n 419, (1979) and expands such definition to encompass situations described in the New York State Court of Appeals ruling in People v. Litto, 8 N.Y.3rd 692, (2007).
Adds a new subdivision 13 to section 1192 of the VTL providing an affirmative defense for an operator who suffered and allergic reaction or medical emergency rather than being impaired by the substance or combination of substances.
Justification
All too often, intoxicated drivers who are under the influence of a substance that has not been placed upon the New York Sate Public Health Law Schedule 3306 or a substance that cannot be determined, escape prosecution. Clearly dangerous drivers can frustrate the prosecution of their own acts by the simple legislatively sanctioned expedient of refusing a chemical test of their blood breath and urine. If the driver has no contraband and makes no admissions, the intoxicating substance ingested will not be known to law enforcement, a condition precedent to prosecution under our current laws. Additionally, some clearly dangerous drivers who ingest substances or combinations of substances not listed in the Public Health Law may not be prosecuted under our current laws.
In January of 2004, after becoming intoxicated from ingesting an aerosol spray can of "Dust-off, Vincent Litto veered into oncoming traffic, killing 18-year-old Kristian Roggio Litto and injuring James Sienna, and two others.
Legislative history
None.
Fiscal implications
None.
Effective date
This act shall take effect first of November next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.