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NY S00562

Bill

Status

Engrossed

6/18/2012

Primary Sponsor

Joseph Robach

Click for details

Origin

Senate

2011-2012 General Assembly

AI Summary

  • Requires police to conduct field sobriety tests and chemical blood alcohol tests on all drivers involved in accidents resulting in serious physical injury or death.

  • Makes refusal to submit to testing constitute a rebuttable presumption of guilt and requires documentation of refusals according to Vehicle and Traffic Law section 1194.

  • Allows chemical testing to be conducted at hospitals if the driver's physical injuries prevent testing at the accident scene.

  • Requires police to include field sobriety test results, chemical test results, and any test refusals in the accident investigation report submitted to the commissioner within five business days.

  • Applies to accidents discovered by police or reported within five days, and takes effect thirty days after becoming law.

Legislative Description

Requires investigating officers to field test and test blood alcohol levels of all drivers involved in auto accidents where serious physical injury or death occur; imposes rebuttable presumption of guilt for refusals; requires hospital to conduct such test where trauma/injury is considered too severe.

Last Action

referred to transportation

6/18/2012

Committee Referrals

Rules6/18/2012
Transportation1/5/2011

Full Bill Text

No bill text available