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Two dangerous loopholes

   Today’s question: How will long will it take for somebody playing with one of those sleek new iPhones — the wildly hyped cell phone/computer/camera/MP3 player that went on sale Friday — to get into a crack-up while driving? And: If they’re in New York or some other state with a law against using a cell phone while driving, will they try to claim that they weren’t using the phone, just its computer, camera or digital audio player (which technically isn’t illegal)?
   It would hardly be surprising, considering that someone recently argued in court that they weren’t driving while intoxicated after inhaling the fumes from an aerosol spray can. And the state Court of Appeals sided with him!
   New York law is loaded with loopholes, and these are just two. But they’re significant ones as far as traffic safety is concerned, and they need to be addressed.
   Whether someone is talking on a cell phone while driving, sending a text message or manipulating the keys of a computer makes little difference as far as their ability to safely operate a vehicle is concerned; it should make no difference as far as the law is concerned. It’s all driving while distracted, it’s dangerous, and if the law needs to be made vague enough so that someone doing it can be prosecuted, then by all means change the law.
   The same goes for someone inhaling the fumes from glue or some other stimulant: “Huffing” is probably worse than driving drunk or high on drugs like marijuana or cocaine, and yet because the law doesn’t specifically outlaw the practice, it’s not illegal. It needs to be made so.  

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It would hardly be surprising, considering that someone recently argued in court that they weren’t driving while intoxicated after inhaling the fumes from an aerosol spray can. And the state Court of Appeals sided with him

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Assembly Gives Final Passage To Legislation Toughening DWI Laws

Measure Seeks Increased Penalties For Drunk Drivers

Assembly Speaker Sheldon Silver today announced final passage of legislation aimed at significantly increasing the penalties for individuals who cause accidents under the influence of drugs or alcohol. The bill (A.8791-A), sponsored by Assemblyman Harvey Weisenberg, would add the crimes of aggravated vehicular assault and aggravated vehicular homicide to the felony crimes of driving while intoxicated.

According to the National Highway Traffic Safety Administration, in 2005, 16,885 people were killed in alcohol-related crashes, an average of one almost every half-hour. The legislation is in response to the tragic death of seven-year-old Katie Flynn of Long Island, who was killed in an accident in 2005 by a drunk driver.

"Drunk or drugged drivers should face severe penalties to deter them from getting behind the wheel and putting our loved ones at risk," said Silver. "This measure toughens the law to send a strong, clear message that those who injure or kill another person because they were driving intoxicated or impaired by drugs will be held responsible."

"I am very pleased to have been a part of this legislation. I extend my thanks to Katie Flynn's family for their bravery in the face of their pain and to our district attorney for seeking better justice for victims. Katie's loss impacted not only her community, but the entire state and nation. I hope that people who choose to drink and drive will be aware of the new consequences in this legislation," said Weisenberg (D-Long Beach).

"Far too often we see the devastation caused by those who choose to drink and drive. When people get behind the wheel of a vehicle drunk, that vehicle becomes a potentially deadly weapon. Effectively fighting drunk drivers requires ongoing vigilance and commitment. This measure provides law enforcement and prosecutors with the tools necessary to properly charge and convict criminals who have committed a DWI resulting in personal injury or death," said Assemblyman Joseph Lentol (D-Brooklyn), chair of the Codes Committee.

Denise Tangney, Katie Flynn's grandmother said, "This law should not be called Katie's Law. It was not drafted for her or for our family. It was drafted for every mother and father, every Pop and Nanna, every sibling, who spend their lives deepening family relationships, spending time together, interdependent, daily efforts to build the fabric of our society. Legislators have an opportunity to tell citizens that drunk driving will not be tolerated in our state. You have an opportunity to set the standard and to stop the epidemic of senseless pain and loss."

The new crime of aggravated vehicular homicide would increase the crime of reckless driving from a Class C felony to a Class B felony, carrying a penalty of up to 25 years. Under the new crime of aggravated vehicular assault, the act of reckless driving and aggravated vehicular assault would move from a Class D felony to a Class C felony, which carries a penalty of up to 15 years.

"While we have made real strides in improving traffic safety in recent years, drunk and reckless driving continue to devastate communities throughout New York state. Far too many families have been tragically scarred by senseless deaths. The passage of this legislation underscores our commitment to fighting the serious problem of deaths and injuries caused by dangerous drivers," said Silver.

The bill now goes to the governor who has said he intends to sign it into law.