New DUI Bill closes loop hole in New York DUI cases

On 15.07.10, In Law Changes, by Daniel Callahan

July 12, 2010, Albany, New York, “Jack Shea” Bill signed into law.

Governor David A. Patterson

Governor David Patterson the Governor of New York signed into law the “Jack Shea” Bill to combat drunken driving.  The law essentially closes a loop hole in the DUI arrest process and law.  Ninety-one year old Jack Shea, an Olympic two time gold medalist was tragically killed in a DUI related accident.  Both the driver of the other vehicle and Mr. Shea was transported to a small hospital in the Adirondacks of New York State.  Mr. Shea was the most seriously injured so the doctors focused on his condition.  In the mean time the New York State Trooper requested an advanced Emergency Medical Technician (EMT) to draw blood from the other driver.

The drivers blood alcohol content was confirmed to be nearly twice the legal limit at 0.15% he was then arrested and indicted for vehicular manslaughter, criminally negligent homicide and driving while intoxicated (DUI).  However, the evidence was found to be inadmissible due to the fact that the blood was not drawn under a doctor’s supervision causing the charges to be dismissed.  Several other cases have had similar outcomes thus sparking the legislation for “Jack Shea” Bill.

The law now allows advance EMT’s and certified nurse practitioners to draw blood from motorists at the scene of fatal crashes without direct physician supervision.