WPCNR'S ADAM IN ALBANY. By Assemblyman Adam T. Bradley, 89th District. December 9, 2005: Had he lived, 11-year-old VaSean Alleyne would have met up later that night to play video games with his best friend Angel Reyes, 12. Instead, on October 22, 2004, John Wirta made the deadly choice to drink and drive, killing VaSean and critically injuring Angel. After only 38 days in jail, Wirta was freed and drank again at a release party the next day.
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According to Mothers Drunk Against Drunk Driving, people driving under the influence of alcohol killed 586 other New Yorkers last year as well. While I am working to make sure that punishments are stiff, no amount of prison time can bring back VaSean or the hundreds of others like him. We must focus on stopping drunk drivers from getting behind the wheel. As we enter the deadliest month of the year for drunk driving, known as National Drunk and Drugged Driving Prevention Month, everyone should plan ahead prior to having a few too many drinks while celebrating the holidays.
Unfortunately, people tend to think that accidents caused by drunk, or drugged, driving will not happen to them; yet one in five Americans will be involved in an alcohol-related crash during their lifetimes. In fact, someone is injured every minute in an alcohol-related crash. Just recently, Kevin Morgan was killed in White Plains when he was stuck by a vehicle that then sped away. Police have since charged a Connecticut woman with manslaughter and determined that alcohol played a significant role in this tragedy.
In the Assembly, I have worked to pass legislation that not only holds drunk drivers responsible for their actions but also sends a clear message to potential drunk drivers that it is a crime with both dire repercussions and penalties. In the wake of VaSean’s death I supported legislation (Ch. 39 of 2005) ensuring that crimes like Wirta’s can be prosecuted as vehicular manslaughter so drunk drivers who kill innocent people receive more than a slap on the wrist.
Additionally, I sponsored a law to toughen penalties for hit-and-run drivers who show an utter disregard for the lives of others, as seen in the tragic death of Kevin Morgan (Ch. 49 of 2005). This law sends a stern message to such careless criminals that their selfish lack of judgment will not go unpunished.
Still there is more to be done because irresponsible drivers continue to threaten our roadways. Last month, police charged a Brooklyn school bus driver with drunk driving when he swerved into oncoming traffic and crashed a bus full of kids. To fight egregious crimes like this, I supported legislation (A.3692) to stiffen penalties for the most dangerous drunk drivers. This legislation will create a new crime of “aggravated DWI” for drivers with a BAC above .20 percent by increasing fines from $1,000 to $2,500 and sentencing them to up to a year in jail for the first offense. In addition, drivers of commercial vehicles, taxis and liveries could face a maximum $5,000 fine and up to four years in prison, while drivers of school buses and hazardous materials transporters would be subject to a maximum $10,000 fine and up to seven years in prison.
This is the time of year in which we enjoy friends and family. Be safe and responsible as you celebrate the holiday season this year. Nobody considers themselves a drunk driver until it happens, so please, make the decision about how to get home before you start drinking – it’s just not worth the risk.
Note: As a sad footnote to the Assemblyman Bradley's column, the hit and run accident resulting in the death of Kevin Morgan last week has resulted in the charges of vehicular manslaughter in the second degree, Driving While Intoxicated and leaving the scene of an accident filed against the 24 year old young woman who drove the car which struck Mr. Morgan at Franklin and North Broadway.
