The Daily News: Gallivan among sponsors of DWI legislation

Legislation crafted in response to the 2011 death of a Western New York teenager, would make it illegal to leave the scene of an accident while intoxicated.

Sen. Patrick M. Gallivan, R-Elma, and Assemblywoman Crystal Peoples-Stokes, D-Buffalo, introduced the legislation (S.405/A.4760).

"Too many innocent lives have been cut short because of the reckless behavior of drunk drivers," Gallivan said. "This legislation closes a dangerous loophole and holds drunk drivers accountable for their actions," Gallivan said.

A similar bill has passed the Senate in the past, but the measure has never approved by the Assembly.

The legislation is named for 18-year-old Alix Rice, who was struck by a drunk driver as she rode home on her long board in the town of Amherst in 2011.

The driver argued that he was not aware he had hit a person and he was acquitted on the felony charge of leaving the scene of an accident.

The defendant was convicted on a lesser charge of operating a vehicle while under the influence of alcohol.

The current law only requires drivers to report an accident when they know or have reason to know the accident resulted in an injury or property damage. Under this loophole, drunk drivers are able to flee the scene of an accident they caused and later claim they did not know any injury or damage occurred, Gallivan and Peoples-Stokes said.

The legislation modifies the current statute so that drivers illegally operating their vehicle under the influence of drugs or alcohol are held responsible when they leave the scene of an accident.

It also presumes that an intoxicated driver knew, or has reason to know, that damage or injury has occurred and should have stopped to investigate.

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