BUFFALO, N.Y. — New York is one of only four states with a list limiting drugged driving offenses. This means if a driver is under the influence, and the drug they’re on isn’t on the list, they could end up facing lesser charges, or none at all.
“I was 13 when I was involved in this crash," said Nicolette Nappi-Franzone, a survivor of a fatal crash. "My sister and I were 16 months apart. It was absolutely devastating having to navigate all of this grief. But I can tell you right now how angry I was when I started to piece together the, 'what's happening? Why did this man get away with it?'”
Below is the last photo Nappi-Franzone took with her sister Angelica before she was killed by a drugged driver. Angelica was just 14.
“It’s just a shame that 17 years later, this is still an issue,” Nappi-Franzone said.
The issue is loopholes in state laws that allow drivers under the influence of certain drugs to walk away uncharged or face lesser charges.
“Just based off of the officer's observation, based off of the statements he admitted to doing drugs, how did he get away with this, with all of that, how did he get away with it?" she asked. "And it's because this list exists. And the officers have to name the drugs in order to arrest them and to convict to them for these sorts of crimes. It's a joke.”
Nappi-Franzone says the driver served just 180 days behind bars.
“Right now for drug driving, we can only prosecute individuals who take drugs that are on a prescribed list. And back in the days ... the only drugs out there were drugs that grew in the ground,” said Ray Tierney, Suffolk County district attorney.
Tierney has been fighting for families like Nappi-Franzone for decades. He says the hangup is the misconception that the legislation will criminalize marijuana use and put people behind bars who are on prescription medication.
“We have been able to prosecute people for driving while high on prescription drugs and marijuana for 59 years," Tierney said. "So this is no different. But what we're saying is, because there are so many drugs out there, let's just make it about the impairment.”
Lawmakers have also raised concerns about over policing communities of color and the determination of impairment coming solely from an officer, without a test on the scene. To note, if an officer smells marijuana, they pull a driver over. If that person is showing signs that are consistent with marijuana use, that driver can be charged with drugged driving.
“The laws we have, let's not increase penalties," Tierney said. "Let's just make them more effective.”
Groups like the National Transportation Safety Board and AAA also support the legislation.
In the meantime, Nappi-Franzone is celebrating motherhood and honoring her sister. Her daughter’s middle name is Angelica.
“I don't want her to grow up believing what I believed," Nappi-Franzone said. "And that's that the laws are going to fail you and why criminals can walk away — like with a slap on the wrist.”
This is not the first legislative fight for Nappi-Franzone. On Nov. 1, Angelica’s Law went into effect. The law keeps high-risk drivers off the road by lowering the number of prior license suspensions that can result in felony charges for driving without a valid license. The driver who killed Angelica was an unlicensed motorist with seven prior suspensions.
The Deadly Driving Bill is currently sitting in Senate and Assembly committees. Gov. Kathy Hochul has expressed her commitment to this legislation.
