Suffolk County Police have arrested a Brentwood man for allegedly driving while ability impaired by drugs and reckless driving following a motor vehicle crash that critically injured a police officer on Jan. 5.
Highway Patrol Officer Brendon Gallagher was conducting a traffic stop on westbound Long Island Expressway, near exit 55, when the operator of a 2021 Ford Mustang sped past the officer. Officer Gallagher, who is a member of the recently created Street Takeover Task Force, activated lights and sirens in an attempt to pull the driver over, when the operator of the Mustang lost control of the vehicle and sideswiped the police vehicle. The patrol unit left the roadway and overturned at approximately 6:10 p.m. The Mustang also went off the road and struck a light post.
The operator of the vehicle, Cody Fisher, was apprehended by an off-duty Nassau County Police Officer who was passing at the time of the incident. Gallagher was taken via police helicopter to Stony Brook University Hospital in critical condition with a torn aorta and split abodmen. He is currently on life support.
Fisher, 29, of Brentwood, was transported to South Shore University Hospital in Bay Shore, for treatment of non-life-threatening injuries. He was released and charged with Driving While Ability Impaired by Drugs, Assault 2nd Degree, Unlawful Fleeing a Police Officer in a Motor Vehicle 2 nd Degree and Reckless Driving. He is being arraigned at First District Court in Central Islip on January 6.
It should be noted that a significant difference between these two offenses is the severity of the above consequences. A DWAI by marijuana conviction results in a criminal record from the first offense, whereas a first-time DWAI by alcohol does not. However, proving impairment due to marijuana can be more complex. Unlike alcohol, where Blood Alcohol Content (BAC) levels provide a straightforward measure of impairment, the presence of drugs like marijuana does not necessarily indicate impairment. The prosecution must demonstrate that the driver’s ability to operate the vehicle was actually impaired. However, there is a movement underfoot to lower the legal BAC limit, which would seriously affect the enforcement, prosecution, and defense of Driving While Intoxicated (DWI) cases. More will be written about this in future articles.
