New York lawmakers are about to increase the penalties for leaving the scene of a fatal accident, instead of “rewarding” a drunken driver for leaving the scene, the way the current law does, reports The Buffalo News.
Under current state law, an intoxicated driver who stays at the scene of a fatal accident can face a vehicular-manslaughter charge, a Class D felony that can lead to seven years in prison. But that same person, by leaving the scene of the fatal accident and sobering up for a few hours, can avoid a charge of driving while intoxicated. That person then may be charged with leaving the scene of a fatal accident; that’s a less serious Class E felony, which can lead to a four-year sentence – and often no more than one year.
“Current law is advantageous to those who are reckless and cold-blooded,” State Sen. Mary Lou Rath, R-Williamsville, a sponsor, has said.
“The law protects someone who was intoxicated, left the scene and turned themselves in later,” said Assembly Majority Leader Paul A. Tokasz, D-Cheektowaga. “That was not the intent of the law.”
The Senate has already passed the measure, and the Assembly is expected to follow soon. Gov. George E. Pataki has agreed to sign it into law, according to the News.
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