New York Personal Injury Lawyer Blog
Recently, a prosecutor revealed that a loophole in New York law made it challenging to charge a driver who was under the influence of fentanyl and cocaine when he killed four members of a family, a father—a U.S. Marine veteran—and his three children, ages 10, 13, and 6, last year.
The family had gone out for ice cream and were stopped at a red light when driver Michael DeAngelo, who was high, plowed into it. Two older children were killed on impact, as was the 60-year-old father. The youngest child was critically injured and passed away in the hospital days later.
Under the New York State Vehicle and Traffic Law 1192(4), it is a crime to operate a motor vehicle while impaired by drugs. However, New York law provides that prosecutors can only charge a driver who has been impaired by drugs if the drug is specified on the list of drugs enumerated by lawmakers. Judges require that the drug must be named prior to arrest. This loophole doesn’t exist in 46 other states; critics of the New York law believe it allows dangerous drivers to stay on the road and continue to put others at risk.
The difficulty is that there are a wide range of drugs that can result in impaired driving. While the law requires that the drug be named, the prosecutor can only get the driver’s blood tested to find out what drug is causing the impairment after arresting him; if the blood were to be tested first, all of the evidence arising from the test could be discarded. In this case, to work around this impediment to justice, the prosecutor used a video that revealed the driver’s reckless behavior before the crash, and this gave her probable cause to charge a different crime; the prosecutor noted that the office is not always so fortunate.
Fentanyl and cocaine were found in the driver’s bloodstream. He pled guilty and may face a sentence of up to 14 years for drugged driving charges.
The National Transportation Safety Board has asked Governor Kathy Hochul to close the loophole in the law that keeps arrests from happening because the police can’t specify which drug that the driver is on. Critics of the law hope the list will be removed, so that it’s illegal to drive while impaired by any drugs, regardless of the ability to name which specific drug is involved.
It may be appropriate to pursue a wrongful death lawsuit, if your loved one was killed by a driver who was impaired by drugs. The criminal case against a drugged driver is distinct and separate from the civil lawsuit that our attorneys may be able to file on your behalf. With a wrongful death lawsuit, we may be able to seek damages arising out of the financial losses you suffered as a result of the wrongful death.
If you were injured or a loved one was killed by a drugged driver, it’s important to seek legal representation from a seasoned White Plains attorney to ensure your rights are protected. For a free consultation to discuss your case in detail and your legal options, contact us anytime at 914-428-7386 or via our online form.