|
|
Senator Fuschillo is flanked by members of the New York State Police as he addresses the continued need to fight drinking and driving in New York State.
|
Senator Charles J. Fuschillo, Jr. (8th Senate District), who was the author of the law that lowered the state's legal limit blood alcohol level (BAC) from .10 to .08, was recently joined by Oyster Bay Town Supervisor John Venditto and DWI activists in asking drivers to be cautious as we enter the summer season, the first during which Vasean's Law will be in effect.
"With Vasean's Law in effect, people who drink and drive will no longer be able to escape prosecution for the more serious crimes of killing or injuring another while driving drunk," said Fuschillo, who co-sponsored the legislation in the Senate. "Hopefully, Vasean's Law will be enough to convince some drunk drivers to designate a driver, take a cab or avoid drinking altogether this summer season."
Due to loopholes in state law, drunk drivers involved in collisions causing injury or death, such as the drunk driver who took 11-year-old Vasean Phillip Alleyne's life, had been able to escape the more serious felony charges of vehicular assault and vehicular manslaughter, and were often charged with only drunk driving or other lesser offenses.
New York State law had required prosecutors to prove that a drunk driver was engaged in a criminally negligent act, in addition to driving drunk, in order to support a charge of vehicular manslaughter. This "rule of two" loophole often allowed drunk drivers to escape with little punishment. Vasean's Law greatly increases a prosecutor's ability to bring felony charges against drunk drivers who kill or injure another by eliminating the requirement that they prove a drunk driver committed that additional criminally negligent act.
"For many people, a summer barbecue or pool party includes a few beers, some wine or mixed drinks. While many people have a heightened awareness about the perils of drinking and driving, I can't stress enough that if you are going to be driving, you should limit your alcohol intake, or, better yet, stick to non-alcoholic beverages. If you plan to drink, think about having a designated driver so that a non-drinker is available to drive you home after the party," stated Venditto. "The same advice applies to boaters because the marine environment accelerates a drinker's impairments. Please use your common sense. Remember that drinking and driving don't mix. Drinking and boating don't mix."
"Like so many Long Islanders, DEDICATEDD members will attend and host parties where alcohol will be served," said Marge Lee of DEDICATEDD. "We have taken great care in planning these parties and a very important part of that plan is doing all we can to ensure that we, and our loved ones, get home safely. This year, in New York, because of the efforts of Senator Fuschillo and other legislators, those uncaring individuals who choose to drive drunk and kill or injure will go to jail. Drinking is an individual's choice and drinking and driving is also a choice, and a potentially lethal choice. While we still cannot prevent drunk drivers from making that choice, Vasean's Law and Senator Fuschillo's commitment to fighting this crime will help victims attain justice."