Rice Calls Drunk Driving An “Epidemic”

D.A. announces sweeping changes to drunk driving prosecutions, pushes for tougher punishments and more treatment

MINEOLA, NY - Nassau County District Attorney Kathleen Rice today unveiled the first step in her strategy to combat drunk diving in Nassau County and in New York State.

Flanked by Nassau County Police Commissioner James Lawrence, State Senator Charles Fuschillo, Major Walter Heesch of the New York State Police, Mothers Against Drunk Driving and members of the Nassau County Department of Probation and the Transportation Safety Board, D.A. Rice laid out sweeping changes to how her office will deal with prosecuting drunk drivers.  She also voiced her commitment to working with legislative leaders at the county, state and federal levels to stiffen laws designed to combat drunk driving and to offer more treatment alternatives for those offenders with substance abuse problems.

“I stand before you today the proud member of a coalition devoted to saving lives in Nassau County.  Behind me are leaders in the law enforcement community, in Albany, in our county government, and in our communities.  I cannot take on the reckless decision by those 4100 drivers alone – that’s why I am honored to be part of this team and look forward to taking this first step together,” said D.A. Rice at a press conference today.

“Today is Day 1 in our assault on drunk driving in Nassau County.  It will be a long and hard process, certain to create opposition from the other side of the court room, but this step, and the steps that will follow, must be taken before more innocent lives are lost.”

Senator Fuschillo, himself the author of New York’s .08 law, expressed appreciation for D.A. Rice’s support of his most recent bill – an attempt to require two-time offenders to serve at least five days in jail.

“I thank District Attorney Rice for supporting this legislation, and look forward to continuing our partnership to end the continuing string of senseless tragedies caused by drunk driving,” said Senator Fuschillo.

The District Attorney was also joined by Nassau County Police Commissioner James Lawrence.

“I look forward to working with the D.A. on these cases from the moment of criminality to the end of prosecution.  A partnership between her office and mine is essential when combating crime and I embrace wholeheartedly her efforts to improve the investigations of these crimes,” said Commissioner Lawrence.

Spearheading the prosecutions of vehicular crime in the District Attorney’s Office is Assistant District Attorney Maureen McCormick.  ADA McCormick, considered a national expert in vehicular crime and alcohol-related offenses, will train law enforcement in evidence collection and preservation as the D.A.’s office looks to strengthen its cases in preparation for trial.  She will also be speaking at high schools in Nassau County about the dangers of drinking and driving as well as the legal costs and ramifications associated with such a poor choice.

“My approach is multi-prong.  I am addressing deterrence with more severe punishments, the ability to receive treatment for many defendants, the need for real license sanctions in New York State, and the education of kids that have yet to become defendants or victims of this epidemic,” said District Attorney Rice.

“Drunk driving needs to be accountable for the destruction of life it causes.  If you drive from Western Nassau County to Eastern Suffolk County – with D.A. Rice and D.A. Spota, you are not going to get away with murder,” said Denna Cohen, President of the Long Island Chapter of Mothers Against Drunk Driving (MADD).

Changes in DWI Policy

· Strengthen cases by procedural and evidentiary upgrades with the police agencies (i.e. improved cameras in Central Testing Section and State Police barracks, targeted interrogation and detailed note-taking, cooperative training with the Nassau County District Attorney’s Office, universal Portable Breath Tests, support for Drug Recognition Expert program).

· Consistency in approach through a cooperative effort with the sheriff’s office, probation department and the judiciary.  We would like to advocate for the creation of DWI Courts, which would allow the expedition of cases, consistency of plea offers and the ability to follow-up on the conditions of sentence – especially treatment.

· Substantial education for drivers with high BACs.  We will advocate for a driver with a .16+ or a felony DWI to be sentenced to the Victim Impact Panel.  We will also advocate for drivers with low BACs and are ineligible for the DMV’s Drinking Driver Program, to receive a 6-hour course covering the toxicology of alcohol and drugs.  Aggressive drivers should be sentenced to a Driver Improvement Course but they should NOT receive the insurance benefit associated with the DMV-approved Defensive Driving Course.

· We will be pushing for legislative changes that include:  making an out-of-state DWI conviction a predicate for an in-state felony; allowing any medically capable personnel to draw blood for evidentiary purposes; the creation of an aggravated DWI for higher BAC readings; the creation of a charge between Manslaughter 2° and Murder 2° for vehicular murders; the amendment of the sentencing laws to allow for consecutive sentencing for multiple victims; saliva drug testing similar to PBTs; revision of Vehicle and Traffic Law 214 to alleviate the Crawford issue; and Black Box access in vehicles that have not created commercially available software.

Changes in Plea Guidelines

Refusal: Treated as .13-.16 with Victim Impact Panel

Second Alcohol Incident: Misdemeanor, treat as .21+

Second Incident over .12 or Third Incident: Felony

Now considering all priors, regardless of time lapse (previously it was a ten-year limit)

Felony

· All pleas require the forfeiture of an eligible vehicle.

· Sentences should include “no driving as a condition of probation until treatment is completed and probation clears the defendant for re-application for a license”.

· All pleas with a probation component MUST include an ignition interlock device, RAPP Probation and attendance at Victim Impact Panel.