Tags Posts tagged with "Drugged Driving"

Drugged Driving

Suffolk County District Attorney Ray Tierney. Photo from Tierney's office

Prepared by District Attorney Raymond A. Tierney and Dr. Jeffrey L. Reynolds

Dr. Jeffrey L. Reynolds

New York’s roads are deadlier than ever. With the legalization of personal use quantities of marijuana and New York’s antiquated impaired driving laws, which have not kept up with new synthetic designer drugs, the problem is getting worse by the day. The Drugged Driving Loopholes in our laws enable dangerous drivers to escape responsibility far too often while endangering innocent people simply trying to drive on our roads or walk on our sidewalks in safety.  

The Drugged Driving Loopholes exist because New York is one of only four states that still uses an archaic list to allow for arrest and prosecution of drugged driving. In New York, to prosecute a drugged driver, it is not enough that the drug has impaired the driver. The substance must be listed in the Public Health Law passed by the state Legislature and signed by the governor, before a dangerous, obviously impaired driver can be arrested. Right now, a driver can be as “high as a kite,” but if they are high on a drug, or other substance that is not listed, they go free. For instance, drugs such as xylazine (“tranq”), analogues of fentanyl and nitazene (“ISO”) are not on New York’s list.  

With modern chemistry, our lawmakers cannot keep up with new designer synthetic drugs coming out regularly. The constant influx of new impairing substances has turned the drug list into a barrier against stopping dangerously impaired drivers. It is at the root of the National Transportation Safety Board’s recommendation to New York and three other states to abandon the limitation of an ineffective drug list that will never be able to keep up.  

Suffolk County District Attorney Ray Tierney

Additionally, even drivers high on a drug that is on New York’s list can avoid responsibility by simply refusing to take an identifying test because it prevents the drug from being named. Twenty percent of drivers in New York evaluated by police Drug Recognition Experts in 2021 refused to take a chemical test, up from 13 percent in 2019. We are not protected when drugged drivers can escape arrest simply by refusing a test. 

The type of alcohol ingested by a driver does not have to be named for someone to be charged with Driving While Intoxicated and if impairment is observed, no test is needed to establish a blood alcohol level or whether it was whiskey, vodka or wine, that has caused a driver to be impaired. The same should be true for drugs.  

Just like with alcohol impairment, driver appearance, behavior and common sense ought to apply to drug-impaired drivers too. Blood alcohol tests are valuable evidence in DWI cases, but if drivers refuse the test for alcohol, they can still be prosecuted and lose their licenses based on the other impairment factors.  

This is a public safety and public health emergency. If we have learned anything during the current opioid crisis, it is that public safety is enhanced when law enforcement and addiction treatment providers work together. Laws that hold people accountable for their actions, paired with evidence-based substance use prevention messages and readily accessible drug and alcohol treatment for those who need it, will save lives.  

It is time to plug the loopholes. New York’s outdated approach to impaired driving handcuffs law enforcement, leaves those struggling with a drug problem untreated and puts innocent people at risk. A commonsense bipartisan bill (S3135/A174), backed by both law enforcement and addiction treatment providers, has been introduced in Albany this session to plug these Drugged Driving Loopholes. We need to be responsible and keep everyone safe. It is time to reverse the increase in highway deaths and save lives by passing the Deadly Driving Bill.  

Raymond A. Tierney (R) is the Suffolk County district attorney and Dr. Jeffrey L. Reynolds is the president/CEO of Family and Children’s Association, based in Garden City. Both are members of the Coalition to Protect New Yorkers from Drugged Driving. 

Car parts thief sought
Suffolk County Police are seeking the public’s help in identifying and locating a man who stole catalytic converters from vehicles in Hauppauge earlier this month.
Police said the man stole 10 catalytic converters from commercial vehicles parked at three businesses on Oser Avenue in the early morning hours of July 3.
Suffolk County Crime Stoppers offers a cash reward of up to $5,000 for information that leads to an arrest. Anyone with information about this crime is asked to call anonymously to Crime Stoppers at 1-800-220-TIPS. All calls will be kept confidential.

High interrupted
A 26-year-old man from East Northport was arrested in Smithtown on July 12 and charged with driving while ability impaired by a combination of drugs and alcohol. Police said the man was driving a 1995 Honda and crashed into a tree on Route 25A and Oakside Road in Smithtown. He was arrested at 2:19 a.m. Police did not know which drug the man was on.

Rowdy gun-wielders arrested
Two individuals were arrested on July 8 in Smithtown and charged with second-degree criminal possession of a weapon. Police said a 20-year-old man from Central Islip and a 20-year-old woman from Brooklyn possessed loaded handguns, and both were arrested on Nesconset Highway at 8 p.m. The man was also charged with obstruction of government administration — for flailing his legs and refusing to be placed in a police car — and two counts of menacing in the second degree, for displaying a handgun to two separate women shortly before his arrest. The woman was charged with disorderly conduct — police said she threatened others in a parking lot.

What a pill
Suffolk County Police arrested a 29-year-old man from Kings Park on July 12 at about 9 p.m. and charged him with criminal possession of a controlled substance. Police said he was arrested on 4th Avenue in Kings Park, where he was found in possession of prescription pills.

Check yourself
Police said someone stole a checkbook from a man’s 2010 Lexus LX450 parked on West Main Street in Smithtown on July 12 at about 7 a.m. There have been no arrests.

Cash out
Someone removed a register box containing cash from LA Fitness on East Main Street in Smithtown sometime between 10 p.m. on July 11 and 8 a.m. on July 12. There have been no arrests.

Wheel of misfortune
Someone took four wheels and tires from a 2014 Toyota Tundra at Smithtown Toyota on East Jericho Turnpike in Saint James between 6 p.m. on July 11 and 11 a.m. on July 12. There have been no arrests.

Coming down from a high
Suffolk County Police arrested a 24-year-old man from Setauket and a 22-year-old female from Stony Brook on July 10 in Stony Brook and charged them with loitering and unlawful use of a controlled substance. Police said the pair were observed at a location on North Country Road in Stony Brook in a Ford Taurus in possession of heroin. The duo was arrested at 8:37 a.m., police said.

Car looted
Police said an unknown person took money and a gift card from a 2015 Ford parked on Blinker Light Road in Stony Brook. The incident was reported on July 10 at 6:30 p.m.

Road bump
Someone stole a bicycle from outside a garage on Braemer Road in Setauket. The incident happened sometime between 10 p.m. on July 11 and 9 a.m. on July 12.

Jewelry jam
Police said someone stole jewelry from Kohl’s on Nesconset Highway in Setauket on July 11 at 6:45 p.m. There have been no arrests.

Purse pickpocketed
Police said a woman reported that someone stole her license and credit card from her purse as she was shopping at Walmart on Nesconset Highway in Setauket. The incident occurred on July 9 at 2 p.m., police said.

Money mystery
Police said an Antler Lane resident from South Setauket reported that someone used his Chase banking card to make several cash withdrawals between July 1 and July 9. There are no arrests.

Bank withdrawal woes
Police said that a Stalker Lane resident from Setauket reported someone used his bank information to make three unauthorized withdrawals between July 8 and July 9. There are no arrests.

Car trouble
Things got a little crazy on Woodhull Avenue in Port Jefferson Station on July 4, at around 10:05 p.m., when someone threw items at a 2013 Hyundai and damaged a car door.

Midnight mischief
An unknown person slashed the driver side tire of a 2007 Hyundai parked on Route 112 in Port Jefferson Station on July 3.

Ride denied
A woman reported being harassed by a cab driver on June 30 at around 3 p.m. According to police, the complainant said she called a cab service to pick her up from a dollar store in Port Jefferson Station, but the driver refused to take her. He then allegedly pushed her and took her grocery bags out of the cab and drove away.

Bad luck
A 2008 Toyota’s side view mirror was damaged on July 7 while parked on Dayton Avenue in Port Jefferson Station.

Cloned
Police received two reports of cloned credit cards in the Port Jefferson Station community on July 7. According to police, a resident on Magnolia Drive reported an unknown person had cloned their ATM card and made withdrawals using their pin. Another resident on Pine Street made a similar report.

Razor-sharp
The person who demanded money at the USA Gasoline on Route 112 in Port Jefferson Station got quite the surprise on July 6. According to police, the suspect went into the station shortly after 9:30 p.m. with a razor blade and demanded cash, but the quick-thinking complainant grabbed a knife and chased the intruder out of the store.

Taking flight
A 20-year-old Mount Sinai resident was arrested and charged with seventh-degree criminal possession of a controlled substance, third-degree fleeing from an officer in a motor vehicle and third-degree aggravated unlicensed operation of a motor vehicle on July 9. Police said the woman was driving a 1999 Chevy north on Route 112 in Terryville at around 3 p.m. when police attempted to pull her over. As the officer approached her vehicle, the woman pulled away, almost striking two vehicles, and exceeded the speed limit on Route 112 before pulling over again. Police discovered Roxicodone, a prescription opioid, in her possession.

I saw the sign
A homeowner’s 10 “no parking” and “no trespassing” signs on North Country Road in Miller Place were spray-painted or torn down on July 10.

Lock ‘em up
A wallet full of credit cards and cash was reported stolen on July 8 from an unlocked 2007 Chevy parked at a residence on Ann Street in Miller Place.

Thumb war
A 56-year-old Miller Place man was charged with second-degree assault and second-degree menacing after he stabbed a man in the finger. The incident took place on July 8 at the suspect’s Avery Lane home.

Dashed board
On July 8 at 9 p.m., a Washington Avenue, Centereach, resident reported the dashboard of their 2010 Nissan was damaged.

Grocery games
A woman reported on July 7 that her wallet, with $2,000 in cash, was stolen from her shopping cart at the Centereach Mall Walmart.

Screened
A home on Rosemary Lane in Centereach had a window screen damaged on July 12.

Picking up
An unlocked 2008 Ford pickup truck parked at a Bank Street residence in Selden was robbed of a tablet and money on July 7.

File photo

A 7-year-old girl’s skull was fractured on Monday night when a driver, who was allegedly on drugs, crashed into a minivan in Hauppauge.

The Suffolk County Police Department said the incident occurred around 7:15 p.m., when 21-year-old Brandon Cumberbatch was driving south on Route 111 just past Kings Highway and hit the minivan, which was moving in the same direction. Inside the minivan were 40-year-old driver Arunima Singh and her two children, 18-year-old Avaneesh and 7-year-old Bhaswi.

After striking the van, police said, Cumberbatch, a Ridge resident, then veered onto the shoulder, over the curb and into the Hauppauge Plaza parking lot, where he hit a parked, unoccupied vehicle.

The family was transported to Stony Brook University Hospital, police said, where Arunima and Avaneesh Singh were treated for minor injuries and Bhaswi was listed in serious condition with a fractured skull and facial injuries.

Police arrested Cumberbatch and charged him with driving while impaired by drugs. He was under observation at St. Catherine of Siena Medical Center in Smithtown and will be arraigned at a later date.

Attorney information for Cumberbatch was not immediately available.

Police impounded both the defendant’s vehicle, a 2002 Chevy Impala, and the 2008 Toyota minivan for safety checks.

Detectives from the SCPD Vehicular Crime Unit are investigating the crash.

Anyone who may have witnessed the crash is asked to call the detectives at 631-852-6555.

File photo

A Huntington Station woman who crashed into 10 cars on New York Avenue in Huntington on Wednesday was arrested charged with driving while impaired by drugs, according to police.

Barbara LaMantia, 58, was driving a 2015 Dodge Challenger on the major thoroughfare when police said she went on a car-crashing spree at about 2 p.m. She was charged with leaving the scene of a motor vehicle accident, property damage and first-degree operating a vehicle while impaired by drugs, according to a police spokeswoman.

LaMantia did not injure any of the drivers in the cars she struck, however she did cause massive property damage, police said. She was arrested at the intersection of New York Avenue and Elm Street. LaMantia was taken to Huntington Hospital following her arrest.

Attorney information for LaMantia was not immediately available on Thursday afternoon.