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New Kentucky bill would target ‘drugged driving’ cases

Admin by Admin
December 6, 2016
in Courthouse
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Senator wants drivers with drugs in their system to lose license

Motorists suspected of operating a vehicle under the influence of heroin or opioids should lose their driving privileges, according to one Kentucky state senator.

Sen. John Schickel, R-Union, plans to propose legislation early next year allowing authorities to suspend licenses of people found overdosed behind the wheel or found with heroin or opioids in their system while driving. Schickel said Monday that he’s working with Rob Sanders, Kenton County commonwealth’s attorney, who is reacting to crashes caused by those driving while on heroin. Both men said the bill is about ensuring roads are safer for area residents.

Law enforcement officials throughout the region have said that the heroin epidemic has spurred fatal crashes from people overdosing while driving. One such crash in Fort Wright on Sept. 1, 2015 left four people dead.

Sanders then called the crash “the most tragic illustration of the danger of drugged driving in Kenton County history.”

Sanders said the proposed rule is similar to one in Kentucky that requires people who have had seizures to remain seizure-free for 90 days before getting a new license or renewing an existing license.

If that requirement isn’t met, a person’s license renewal or reinstatement could be denied. In those cases, the person may appeal to a medical review board.

“The idea is to increase public safety without increasing criminal sanctions,” Sanders said. “This would reduce the chance of somebody overdosing while behind the wheel of a car.

“Once an addict can demonstrate the ability to go without heroin for the same time period a driver is required to go without a seizure, their license can be returned,” Sanders said.

Sanders said that Kenton County alone had 38 felony prosecutions since Oct. 1 involving opiate consumption and the operation of a motor vehicle. In each case, a defendant admitted to using drugs or being in recovery. The defendants admitted to using heroin, oxycodone or the opioid fentanyl.

“This number does not include cases where opiate consumption is suspected … but not proven,” Sanders said.

Sanders said people who drive under the influence of heroin are, in essence, turning the vehicle into “a giant wrecking ball.”

Schickel said that the Kentucky Legislative Research Commission is drafting a bill, and he expects to introduce it within the first couple of weeks of the next legislative session, which begins Jan. 3.

By Terry DeMio
The Kentucky Enquirer

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