New York’s Deadly Drugged Driving Loophole: A Call for Change
For months, CBS News New York Investigates has shed light on the lives forever altered by impaired drivers who, in many cases, escape prosecution due to a glaring loophole in New York’s drugged driving law. This legal gap has sparked outrage among victims, law enforcement, and safety advocates, who are now pushing for urgent legislative action.
The Incident That Exposed the Loophole
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In October 2021, an NYPD officer’s career was tragically cut short when he was struck by a truck while investigating a crash in Brooklyn. The officer’s legs were crushed, and his desperate pleas for help were captured on video: “Call me a bus. I’m all right. Call me a bus,” he said, later adding, “Somebody help me sit up.”
The truck driver, visibly impaired, struggled to maintain balance during a field sobriety test. Though, charging him was not straightforward. Under New York law, police must identify the exact drug ingested and confirm it’s on a pre-existing list created by lawmakers. If they can’t, the driver walks free.
“If you see impairment roadside, and you can’t name that drug, the current law wants you to let that person go,” said NYPD Det. Timothy Kessler, the department’s citywide DWI coordinator.
A History of Recklessness
This wasn’t the truck driver’s first offense. In 2015, he struck and killed a bicyclist in Queens while under the influence. Despite a history of impaired driving, he continued to evade justice.
“An experienced drug user knows these issues and these problems that law enforcement faces, so they lie to us,” Kessler explained.
In the 2021 case, police were only able to charge the driver as one of the drugs he admitted to taking was on the state’s list. “He was only admitting to his prescription medications, leaving out the illicit drugs that he was taking,” Kessler said. “Sence one of those drugs was on the list, we were able to ultimately charge him.”
The driver was convicted of driving while impaired by drugs, second offense, and is currently serving his sentence in Brooklyn. He could be released by the end of the year.
The Push for Change
The loophole in New York’s drugged driving law has drawn criticism from the National Transportation Safety Board, which noted that only four states have such a provision. Victims, law enforcement, and safety advocates are united in their call for reform.
CBS News New York Investigates has repeatedly pressed Gov. Kathy Hochul’s office for answers. While her office emphasized that public safety is her top priority, it stopped short of committing to revising the law.
A Growing Crisis
The issue is not isolated. Across New York, impaired drivers continue to pose a significant threat. The loophole allows many to escape accountability,leaving victims and their families without justice.
| Key Facts About New York’s Drugged Driving Loophole |
|———————————————————|
| Police must identify the exact drug ingested to charge a driver. |
| Only four states have a similar legal provision. |
| The loophole has allowed repeat offenders to evade prosecution. |
| Victims and law enforcement are calling for urgent reform. |
A Call to Action
The stories of those affected by impaired driving are a stark reminder of the need for change. As det. Kessler put it,“Just to see somebody so reckless,somebody that’s done it before—it’s very difficult.”
For updates on this ongoing story, click here.
The time to close this dangerous loophole is now. New Yorkers deserve safer roads and accountability for those who put lives at risk.Governor Hochul pushes to Close Loophole in Drugged Driving Laws
New York Governor kathy Hochul is taking a stand against a long-standing loophole in the state’s drugged driving laws. The issue, which has persisted for over two decades, allows individuals under the influence of certain substances to evade prosecution. Hochul has made it clear that closing this gap is a priority,but the process requires collaboration with the Legislature.During a recent press conference, CBS News New York investigates reporter Mahsa Saeidi questioned the governor about her stance. “Do you want to close this loophole? Is this a priority for you? Or is there a reason to leave the loophole open?” Saeidi asked.Hochul responded firmly, “No, I don’t think we should have a loophole that allows people who are under the influence to get behind the wheel. Do not believe that.”
However, Hochul emphasized the need for legislative action. “Sometimes, it takes a few times to get it right, but we’ve not ignored that issue because it’s critically importent,” she added. When pressed on weather this woudl be a priority in the upcoming legislative session, Hochul stated, “I’ll continue to focus on it. We’ll work the hardest we can with the Legislature to get it finished.”
The problem with Current Drugged Driving Laws
The current laws fail to account for a wide range of substances that impair drivers. According to Kessler, a key advocate for stricter regulations, “There’s a large amount of drugs that, one, aren’t being tested for, that aren’t on that list, that people are taking commonly every single day, that’s impairing them to the extent that they’re unable to operate that vehicle safely and they’re on the roadways next to us.”
In her State of the State address, Hochul did not explicitly mention strengthening drugged driving laws.However, the corresponding policy book revealed her intent to “propose legislation to close critical loopholes, such as expanding the universe of prosecutable substances.”
Legislative Roadblocks
While Hochul has prioritized the issue by including it in the budget bill, the response from lawmakers has been less than encouraging. CBS News New York has repeatedly reached out to Assembly Speaker Carl Heastie and Senate Majority Leader Andrea Stewart-Cousins for comment. Despite multiple attempts to contact them via phone, email, and messages, neither leader has responded.
This silence has left families of victims frustrated. Many who have lost loved ones to drugged drivers are demanding answers and action.
Key Points at a Glance
| Issue | Details |
|——————————–|—————————————————————————–|
| Loophole Duration | 20 years |
| Governor’s Stance | Hochul vows to close the loophole but needs legislative support |
| Proposed Legislation | Expand the list of prosecutable substances |
| Lawmaker Response | Assembly Speaker Carl Heastie and Senate Majority Leader Andrea Stewart-Cousins remain silent |
What’s Next?
The governor’s commitment to addressing this issue is clear, but the path forward hinges on legislative cooperation. As Hochul works to close this dangerous loophole, the question remains: will lawmakers step up to prioritize public safety?
For now, the families affected by drugged driving incidents continue to wait for meaningful change.
This article is based on information from CBS News New York Investigates.
Governor Hochul Addresses Loophole in New York’s Drugged Driving Laws
In a recent press conference, New York Governor Kathy Hochul discussed the long-standing loophole in the state’s drugged driving laws. CBS news New York Investigates reporter Mahsa Saeidi questioned the governor about her plans to address this critical issue.
The Current loophole
Mahsa Saeidi: Governor Hochul, the loophole in New York’s drugged driving laws has been a concern for over two decades.Do you wont to close this loophole? Is this a priority for you, or is ther a reason to leave it open?
Governor Kathy Hochul: No, I don’t think we should have a loophole that allows people who are under the influence to get behind the wheel. I do not believe that. Public safety is my top priority, and this issue is critically notable.
The Need for Legislative Action
mahsa Saeidi: What steps are you taking to ensure this loophole is closed?
Governor Kathy hochul: Closing this gap requires collaboration with the Legislature. Sometimes,it takes a few attempts to get it right,but we’ve not ignored this issue. I’ll continue to focus on it, and we’ll work the hardest we can with the Legislature to get it finished.
Proposed Legislation
Mahsa saeidi: Can you share details about the proposed legislation to address this issue?
Governor Kathy Hochul: We plan to propose legislation that closes critical loopholes, such as expanding the list of prosecutable substances. This will ensure that individuals impaired by a wider range of drugs can be held accountable.
Challenges and legislative Response
Mahsa Saeidi: Have you faced any challenges in gaining legislative support for this initiative?
Governor Kathy Hochul: While I’ve prioritized this issue in the budget bill, the response from lawmakers has been slow. We’ve reached out repeatedly to Assembly Speaker carl Heastie and Senate Majority Leader andrea Stewart-Cousins, but they have yet to respond.
Key Facts at a Glance
| Issue | Details |
|---|---|
| Loophole Duration | 20 years |
| Governor’s Stance | Hochul vows to close the loophole but needs legislative support |
| Proposed legislation | Expand the list of prosecutable substances |
| Lawmaker Response | Assembly Speaker Carl Heastie and Senate Majority Leader Andrea Stewart-Cousins remain silent |
the Path Forward
Mahsa Saeidi: What’s next in this process?
Governor Kathy Hochul: My commitment to addressing this issue is clear, but the path forward hinges on legislative cooperation. We need lawmakers to step up and prioritize public safety.
A Message to Affected Families
Mahsa Saeidi: What would you say to the families affected by drugged driving incidents who are waiting for justice?
Governor Kathy Hochul: I hear their pain and frustration. We are working tirelessly to ensure that meaningful change happens. Safety on our roads is non-negotiable, and I will not rest until we close this perilous loophole.
conclusion
Governor Kathy Hochul has made it clear that closing the loophole in New york’s drugged driving laws is a top priority. While legislative roadblocks remain, her commitment to public safety and accountability is unwavering. families affected by impaired driving incidents continue to advocate for justice, and the governor’s efforts aim to bring the change they deserve.
