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NYS Seal For Immediate Release:
May 2, 2005

 

Assembly Unanimously Passes 'VaSean's Law'

VaSean Alleyne's Mother, Monique Dixon, And Other Supporters Endorse Bill


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Speaker Silver, joined by Assembly members from left front Nettie Mayersohn and Brian McLaughlin, announce expected Assembly action on VaSean's Law. The bill is named in memory of 11-year-old VaSean Phillip Alleyne who was killed by a drunk driver last year. His best friend, Angel Reyes, who joined the legislators at a Capitol news conference, was critically injured in the accident that took VaSean's life.
Assembly Speaker Sheldon Silver announced that the Assembly unanimously passed "VaSean's Law" which would significantly strengthen New York laws which punish drunk drivers who kill or seriously injure other people while driving. He was joined at a Capitol news conference earlier today to make the announcement by Assembly members Brian McLaughlin and Nettie Mayersohn and Senator Serphin R. Maltese and Senator Toby Ann Stavisky, who are sponsoring the bill in their respective houses.

Also participating in the news conference on the bill was Monique Dixon, the mother of VaSean Phillip Alleyne who was killed in an accident last year by a motorist charged with drunk driving. Also in attendance were Diana Reyes, whose son Angel was critically injured in the accident that took VaSean's life, and Majority Leader Paul Tokasz, Codes Committee Chair Joseph Lentol and Transportation Committee Chair David Gantt.

Silver said VaSean's Law (A.6285-B/S.1872-B), which was named in memory of 11-year-old VaSean Alleyne, the victim of a drunk driver who could not be charged with a felony under current law, was a testament to the unwavering efforts and commitment of Dixon, Reyes and their supporters.

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Assembly member Brian McLaughlin (D-Queens), a sponsor of the bill in the Assembly, said, "While no law can take away the pain of losing a loved one or being injured at the hands of a drunk driver, VaSean's Law will make a difference."
"When a child is critically or mortally injured, it tears away at the minds and hearts of every parent," said Silver (D-Manhattan). "But when that tragedy is the outcome of the selfish, thoughtless and careless acts of an adult who should know better, sorrow quickly turns to outrage. Today, the enactment of this important measure is a significant step in turning that outrage into a critical tool in our continuing fight to end DWI once and for all."

"With the passing of VaSean's Law, prosecutors have been given a tool they can use so drunk drivers are charged for the results of their actions. Now victims can demand justice and drunk drivers can expect it," said Dixon.

"We are pleased to see our efforts at lobbying in Albany have made a difference and broken the gridlock so that now DWI plus death or serious injury will equal a felony under VaSean's Law," said Reyes.

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Assembly member Nettie Mayersohn, another sponsor of VaSean's Law, praised the tireless advocacy of Monique Dixon and Diana Reyes for exposing the problems in current laws and helping make the needed changes.
VaSean's Law would strengthen provisions of the current law to make it easier for district attorneys to prosecute drivers for vehicular assault and vehicular manslaughter when serious physical injury or death is caused by a person driving a vehicle while intoxicated or impaired by the use of a drug.

Under terms of the legislation, existing state law would be tightened by removing the element of criminal negligence now required to prosecute crimes of vehicular assault and vehicular manslaughter. The measure would provide that a person who drove intoxicated and killed or seriously injured another person because of that intoxication would be guilty of vehicular manslaughter or vehicular assault. The bill would also create a statutory presumption that any driver who killed or injured while drunk was guilty of a felony.

"I regret that there is even a need for VaSean's Law," said McLaughlin (D-Queens), a prime sponsor of the bill. "While no law can take away the pain of losing a loved one or being injured at the hands of a drunk driver, VaSean's Law will make a difference. Monique Dixon and Diana Reyes epitomize the good that a mother's love can bring. I wish to thank Speaker Silver for opening the dialogue which has helped bring us here today. I also want to praise the efforts of Assemblyman Joseph Lentol and my friend and colleague Assemblywoman Nettie Mayersohn who labored tirelessly on this legislation."

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Diana Reyes, mother of 12-year-old Angel, remembered VaSean Alleyne with love and expressed her thanks that now DWI plus death or serious injury will equal a felony under VaSean's Law.
"The horrific tragedy that struck VaSean and Angel sent a clear message that current laws did not do enough to protect us from drunk drivers. Current statutes did not create a serious deterrent because the maximum penalty for causing serious injury or death was one year in jail. This was absolutely unacceptable, and we were determined to make changes necessary to stop the epidemic of drunk driving fatalities. We owe Monique Dixon and Diana Reyes a vote of gratitude for exposing the problems in our laws and helping make the changes that hopefully will save lives. The Speaker, the Senate Majority Leader and the Senate sponsors of this bill, Senator Maltese and Senator Stavisky, deserve our thanks for their quick and decisive action in protecting New York's families," said Mayersohn (D-Queens), also a prime sponsor of the bill.

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Monique Dixon, the mother of VaSean Phillip Alleyne, said that the passing of VaSean's Law now meant that prosecutors have a tool they can use so drunk drivers are charged for the results of their actions.
"It is absolutely appalling that there are so many cases where impaired drivers kill or injure innocent people and only get a slap on the wrist," said Maltese (R-Queens), sponsor of the bill in the state Senate. "The car is a weapon when driven by someone who is drunk or high on drugs and we must work to ensure justice for the families of their victims."

"We need to reinforce the fact that drinking and driving is a serious crime with serious consequences that we will no longer tolerate. I have long advocated that if a person is going to continue to make the bad decision to get behind the wheel after consuming alcohol, we need to take strong actions to deter that behavior," said Tokasz (D-Cheektowaga/Lancaster).

"It is hard to fathom the utter disregard certain drivers show for the value of human life. So much can be lost as a result of careless, dangerous driving. I believe the passage of this legislation will help to ease the present suffering of so many who have lost loved ones to drunk driving and prevent future tragedies," said Lentol (D-Brooklyn).

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Senator Serphin Maltese (R-Queens), flanked by Angel Reyes and Speaker Silver at the news conference, shows bipartisan support for the bill and expresses the Senate's intention to act on VaSean's Law later this week.
"While New York has made real strides in making our streets safer, sadly one only has to pick up the newspaper to be reminded of the on-going tragic deaths and injuries caused by dangerous drivers," said Gantt (D-Rochester). "The Assembly Majority remains committed to fighting for strict laws, vigorous enforcement and continued public education efforts."

"VaSean's Law makes the punishment fit the crime. When someone gets behind the wheel of a car drunk and an accident occurs, it is the drinking that caused the accident and the driver must face the consequences. This legislation demonstrates the fact that legislators can work together cooperatively in a non partisan manner to affect public policy," said Stavisky (D-Queens).

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