Enacts Ruby's Law providing for mandatory testing of breath, blood or urine in the event of a motor vehicle collision resulting in death or injury

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 one of this bill names this law "Ruby's Law" and allows it to be cited as such.

Section two of this bill amends Subdivision one of section 603-a of the Vehicle and Traffic Law to require that police officers present at and investigating a vehicle accident where a person was seriously injured or kill request that all operators of motor vehicles involved in the accident submit to a field sobriety test provided that there are reasonable grounds to believe that such motor vehicle operator committed a serious traffic violation in the same accident. Refusal of this test makes that operator subject to the provisions included in section 1194 of the Vehicle and Traffic Law.

Section three of this bill amends paragraphs (b) and (c) of Subdivision two of section 1194 of the Vehicle and Traffic Law. Paragraph (b) is amended regarding the requirements for a police officer's report where there are reasonable grounds to believe that an individual committed a serious traffic violation that resulted in serious injury or death and that individual refused field sobriety and chemical BAC tests. It also is amended such that those individuals who are arrested or issued a summons for a serious traffic violation committed in the same accident where a person was seriously injured or killed, will have their license or permit to drive temporarily suspended. Paragraph (c) is amended with regard to the hearings permitted by law for those who have had their license suspended pursuant to the provisions in paragraph (b) of subdivision two of section 1194 of the vehicle and traffic law.

Section four of this bill states that this act shall take effect on the thirtieth day after it shall have become law.

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 SAC 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.

Prior legislative history

2005-2006: A7002-A. 2007-2008: A6945, S4014 2009-2010: A3B10 2012: A2645, S4422 2014: A8560A

Fiscal impact

None.

Effective date

This act shall take effect on the thirtieth day after it shall have become law.