A legal loophole in New York State’s drugged driving laws is making it difficult to charge suspects involved in fatal crashes, sparking widespread debate and calls for reform. The issue came to light following a tragic incident in August 2023, when Michael DeAngelo, under the influence of fentanyl and cocaine, ploughed his vehicle into a family car stopped at a red light on Sunrise Highway, Long Island. Four members of the Hamilton family, including three children, were killed, while a fifth passenger was critically injured and later died in hospital.
The current legislation mandates that authorities must identify the specific drug impairing the driver before making an arrest. This constraint poses a significant hurdle for prosecutors, as obtaining the toxicology results needed to name the drug can only occur post-arrest. Any pre-arrest testing risks nullifying the evidence. Prosecutor Katie Zizza, who handled the DeAngelo case, admitted she had to work creatively using video evidence of reckless driving to bring charges against him. Once toxicology confirmed the presence of fentanyl and cocaine, elevated charges were filed. Despite this, Zizza noted that such luck – witnesses and video evidence – is not always available.
DeAngelo admitted guilt in the case, and with drugged driving charges added, he faces a maximum sentence of 14 years. However, for the victims’ family, this offers little solace. The mother, Tasheba Hamilton, has expressed her frustration with the current laws, describing the loss of her family as irreversible and urging lawmakers, including Governor Kathy Hochul, to take action.
Governor Hochul has faced mounting pressure, with the National Transportation Safety Board joining calls to close the loophole by scrapping the current list of specific drugs. This change would make driving under the influence of any drug illegal, as is the case with alcohol. While Hochul’s office pointed to increased penalties introduced by the DMV for drug-related convictions, prosecutors argue this fails to address the fundamental challenge of obtaining arrests under the current system.
Zizza is confident that eliminating the loophole could save lives, making it easier to hold drug-impaired drivers accountable and enhancing public safety. With the Governor’s next legislative agenda to be unveiled soon, families like the Hamiltons are hoping for decisive action.
The sad loss of the Hamilton family shows why it’s important to change New York’s drugged driving laws. Closing this loophole would help ensure justice and could prevent similar tragedies, making the roads safer for everyone.
Source: CBS News
Leave a Reply