Senator Dale M. Volker Announces Senate Passage Of Tougher Penalties For Those Who Kill While Driving Under The Influence Of Drugs Or Alcohol

(Albany, NY) Senator Dale M. Volker (R-I-C, Depew) today announced that the State Senate has passed legislation (S.1872-B) that would increase penalties for drivers who kill or seriously injure other people while driving under the influence of drugs or alcohol.

"We must do all that we can to stem the scourge of drinking and driving, as well as those who drive while under the influence of illegal narcotics," said Senator Dale M. Volker. "For too long, a loophole in our criminal code allowed individuals who kill innocent bystanders while under the influence of drugs or alcohol to escape severe punishment for their illegal actions. This is unacceptable and the reason why this legislation is necessary to fully punish those who continue to kill, maim, and destroy families because of their self-destructive behavior."

Under current law, the so-called "rule of two" requires a drunk driver who kills to also be charged with a second infraction in order to be charged with vehicular manslaughter. This loophole often results in drunk drivers escaping with little punishment. The new measure would address the "rule of two" provision by eliminating the requirement for prosecutors to prove criminal negligence, making it easier for them to charge a deadly drunk driver with vehicular manslaughter, resulting in stronger criminal penalties.

"Lets be clear. The days of killing innocent pedestrians, law-abiding drivers and their passengers by those who are drunk and high behind the wheel, will have to face harsh reality for their destructive behavior," said Senator Volker.