The state Legislature has plenty of reasons to return to Albany this year to finish important work, but last week the state Court of Appeals gave lawmakers another.
New York's highest court issued a ruling that said the state's driving while intoxicated laws is limited to the effects of alcohol and certain drugs.
The decision exposed a loophole that prevents people who drive after “huffing” stimulant sprays from being charged with DWI.
Huffing, the term used to describe inhaling chemicals from household products, clearly can result in intoxication. There is no logical reason to exclude it from the DWI laws.
In the case reviewed by the Court of Appeals, a 19-year-old crashed into an oncoming car less than a minute after he had sprayed “Dust Off” into his mouth. The accident killed a 17-year-old.
The court's decision made it clear the state Legislature must address huffing and any other ways to get high not covered by the existing law.
The state Senate passed a bill in March that expanded the definition of “drug” in the driving while ability impaired by drugs law to include inhalants and glue. Unfortunately, it died in the Assembly.
The Senate deserves credit for doing something this year, but we urge them to go even further.
The Legislature has technically wrapped up for another year, but nothing stops them from returning to Albany to complete unfinished business.
We hope this court ruling pushes both houses to get a law passed that addresses the legal definition of intoxicated driving, not just impaired driving. And they should get that legislation passed this summer, and Gov. Eliot Spitzer should sign it into law.
If one less person gets behind the wheel after huffing, the effort will be well worth it.
The decision exposed a loophole that prevents people who drive after “huffing” stimulant sprays from being charged with DWI.
Huffing, the term used to describe inhaling chemicals from household products, clearly can result in intoxication. There is no logical reason to exclude it from the DWI laws.
In the case reviewed by the Court of Appeals, a 19-year-old crashed into an oncoming car less than a minute after he had sprayed “Dust Off” into his mouth. The accident killed a 17-year-old.
The court's decision made it clear the state Legislature must address huffing and any other ways to get high not covered by the existing law.
The state Senate passed a bill in March that expanded the definition of “drug” in the driving while ability impaired by drugs law to include inhalants and glue. Unfortunately, it died in the Assembly.
The Senate deserves credit for doing something this year, but we urge them to go even further.
The Legislature has technically wrapped up for another year, but nothing stops them from returning to Albany to complete unfinished business.
We hope this court ruling pushes both houses to get a law passed that addresses the legal definition of intoxicated driving, not just impaired driving. And they should get that legislation passed this summer, and Gov. Eliot Spitzer should sign it into law.
If one less person gets behind the wheel after huffing, the effort will be well worth it.
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