NEWS FROM NEW YORK STATE ASSEMBLY
MINORITY LEADER CHARLES H. NESBITT

Contact: Kelly Cummings, 518-455-3756
Email: nesbitc@assembly.state.ny.us
For Immediate Release:
Wednesday, May 04, 2005

New "Hit, Run and Hide" Law a Major Step Toward Justice, Safer Roads
Assembly Minority hails passage of legislation stiffening penalties for hit and run drivers

Assembly Minority members today praised the passage of a measure that will increase penalties for drivers who leave the scene of fatal or personal injury accidents. The State Senate has already passed the measure, and Governor Pataki has said he will sign it into law. The agreement on this legislation comes on the heels of "VaSean’s Law," which makes it easier for district attorneys to prosecute drunk drivers who cause serious injury or death.

"This is a major victory for Assembly Minority members who have been leading proponents of ‘hit, run and hide’ legislation for years," said Assembly Minority Leader Charles H. Nesbitt (R,C,I - Albion). "The vote we took today was a major step forward in our efforts to keep New York’s roads safe."

As the law currently stands, drunk drivers who flee the scene often receive a lesser punishment than if they had stayed and taken responsibility for their actions. In many cases, this has had deadly consequences. The new legislation will eliminate that loophole and provide for a sentence that more appropriately fits the crime.

"For too long the senseless, heartless actions of cowardly, dangerous – often drunk – drivers has changed families forever," said Assemblyman Jim Hayes (R-Amherst) who has sponsored ‘hit, run and hide’ legislation since 1999. "The passage of this legislation will encourage drivers to think twice before fleeing and stop to help their victims."

Under the new law, the penalty for leaving the scene of a fatal accident will be elevated from a Class E to a Class D felony, punishable by up to seven years in prison. Additionally, the charge for leaving the scene of a personal injury accident would become a Class A misdemeanor, as opposed to the current Class B. Corresponding fines will also increase substantially.

"I want to thank the families of victims from all over the state that joined our push to make this bill law," said Assemblyman Will Barclay (R,C,I-Pulaski). "Their efforts and willingness to speak out on this issue were a tremendous boost to the cause. While this bill will never bring back their loved ones, it will help save lives in the future."

In an effort to make our streets safer, Assembly Minority members proposed additional transportation safety measures in the Safety First Act of 2005. They include:

  • Create the felony of Aggravated DWI for those convicted with a BAC of 0.18 or higher;

  • Require that those charged with Aggravated DWI have their driver’s license suspended pending prosecution and, if convicted, have their license revoked for three years;

  • Creates the felony of vehicular manslaughter in the third degree for the negligent operation of a motor vehicle which results in the death of another person;

  • Increase the numbers of points assessed to drivers caught going at least 20 miles per hour above the speed limit in areas posted at 45 mph or less, and

  • Increase the numbers of points attached to a person’s license for habitual speeding violations.



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