Crime Scene

Following the lead of the New York State Senate, the Assembly has backed tougher drunken driving laws by creating a criminal charge of aggravated vehicular homicide for drunken drivers who kill people. The Senate adopted the measure. The bill awaits Gov. Eliot Spitzer’s signature before becoming law.

Even though the state already has a vehicular homicide statue on the books, proponents argue the new bill would strengthen state law and would carry a state prison sentence of up to 25 years in prison. This crime would apply to criminals who kill someone in a drunk or drugged driving crash and also have at least one of the following:
• BAC of .18 or higher.
•  A prior DWI conviction within the last 10 years.
• The person was driving with a suspended or revoked license from any state.

The Assembly legislation also creates a crime of aggravated vehicular assault, a felony with a penalty of up to 15 years in prison. This crime would apply to drunk or drugged drivers who cause serious physical injury to another person.

Assemblywoman Nancy Calhoun, a Republican representing parts of Rockland, announced the Assembly passage.

The proposed law came about partially because of the death of Katie Flynn, 7. On July 2, 2005, the Flynn family was riding home from a family member’s wedding in Long Island in a limousine when they were hit head-on by a drunken driver driving on the wrong side of the Meadowbrook Parkway on Long Island. The crash killed Katie Flynn and 59-year-old limo driver Stanley Rabinowitz.