Long Island DA leads push to close deadly loophole in drugged-driving laws: ‘This is a statewide issue’
New York prosecutors met in Times Square this Wednesday to push for stronger drug‑driven‑vehicle laws. The goal was to close loopholes that let people who drive under the influence of certain drugs avoid DUI charges.
Suffolk County District Attorney Ray Tierney opened the first ever Drugged Driving Symposium, urging state lawmakers to approve a bill that would add more substances to the list of drugs that qualify for a DUI under New York law.
“New York State is one of only four states that permits dangerously impaired people to drive illegally on its roads because the substance they’re using isn’t on a public health law list,” Tierney told the crowd at Touro College. He added that substances like propofol, nitrous oxide, xylazine, and other emerging synthetic drugs can leave drivers on the road with no legal consequences regardless of how impaired they are.
The proposed legislation would amend the Vehicle and Traffic Law, expanding the current roster that already includes alcohol, opioids and certain prescription drugs to cover other harmful substances. It would close a loophole that has cost lives.
Stephen McDermott’s family, for example, saw their 31‑year‑old brother killed in 2019 by a driver who didn’t face a DUI because the drug he was taking wasn’t on the list. His brother, Michael, told the crowd, “I feel that the system and the state failed us… The person had been arrested multiple times for drug use and driving but nothing was done because his substances weren’t on the list.”
Hempstead resident Jawana Richardsoni recalled her husband, Sherman, was killed by a drugged driver in December 2014 who fled the scene. The driver was only arrested after being caught torching the car — an outcome that many say is far too rare. “I’m one of the few who got justice,” she said.
“It’s not just a Long Island problem,” Manhattan District Attorney Alvin Bragg told reporters at the event. “It’s not an upstate issue, nor a city issue. It’s a statewide issue.” He cited a pedestrian death in Times Square caused by a drugged driver and argued the law should address any substance that can impair driving, whether or not it’s currently listed.
Other lawmakers in attendance included Assemblyman Steve Stern and Senator Chris Ryan, all emphasizing the need for a comprehensive update to New York’s drugged‑driving statutes.
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