Gov. Baker Refiles Bill Designed To Reduce Drug-Impaired Driving

Boston MA

11 November, 2021

1:48 PM

Description

WORCESTER, MA —Massachusetts Gov. Charlie Baker's administration on Wednesday announced that it refiled legislation designed to improve safety on Massachusetts roadways and combat drug-impaired driving. If passed, the Trooper Thomas Clardy Law would improve public safety by equalizing alcohol and marijuana and giving law enforcement additional tools to keep roads safe from impaired drivers, according to Baker. "This legislation aims to make the commonwealth's roads safer and save lives," said Baker, who introduced the legislation alongside Lt. Gov. Karyn Polito at a press conference at Worcester District Court. "This bill will provide law enforcement officers with more rigorous drug detection training and will strengthen the legal process by authorizing the courts to acknowledge that the active ingredient in marijuana can and does impair motorists." The law was originally introduced in 2019, but has been re-named in honor of Clardy, a Massachusetts state trooper who was fatally struck by a driver who had THC —a psychoactive compound in marijuana —in his blood. The 44-year-old Clardy left behind a wife and six children, and his widow Reisa was present at Wednesday's press conference. "Our family has been profoundly impacted by the tragic loss of my loving husband. Our children lost their hero, a man who had love for his family and an unquenchable love for life," Reisa said "We wholeheartedly support the implementation of these critical measures to improve public safety in the hope of sparing other families from our sorrow and preventing the heartbreak caused by a driver's decision to get behind the wheel when under the influence of drugs." The road safety bill is based on recommendations issued by a Special Commission on Operating Under the Influence and Impaired Driving, which was created as part of the 2017 law legalizing adult-use marijuana in the commonwealth. The commission was tasked with developing a series of recommendations to mitigate the negative impacts of increased marijuana use in Massachusetts, including the anticipated increase of impaired driving. Traffic fatalities are up around the country this year. According to recent data released by the National Highway Traffic Safety Administration (NHTSA), traffic fatalities have reached a 15-year high in the first six months of 2021. More than 20,000 people have died in motor vehicle crashes so far this year. The NHTSA attributes this alarming trend to an increase in risky behavior, including driving under the influence of drugs and alcohol. NHTSA's recent review of five trauma centers, including one in Worcester, found a significant increase in the prevalence of drugs detected in seriously and fatally-injured drivers, with 56 percent testing positive for at least one impairing substance, up from 50.8 percent before the public health emergency. "AAA Northeast applauds the Baker-Polito administration for filing this legislation, which would make the roadways of the commonwealth much safer," said Mary Maguire, director of public relations and government affairs for AAA Northeast. "Impaired driving accounts for roughly a third of roadway deaths across the county, and the numbers are climbing." The proposed legislative changes in this refiled bill include: Adopting implied consent laws to suspend the driver's licenses of arrested motorists who refuse to cooperate in chemical testing for drugs.Adopting a statute authorizing courts to take judicial notice that ingesting THC, the active chemical in marijuana, can and does impair motorists.Directing the Municipal Police Training Committee (MPTC) to expand the training of drug recognition experts, and allowing them to testify as expert witnesses in civil and criminal cases.Prohibiting drivers from having loose or unsealed packages of marijuana in the driver's compartment of a vehicle.Recognizing the effectiveness of the horizontal gaze nystagmus test, shown through scientific research to be the single most reliable field sobriety test, according to the Baker administration. Empowering police officers to seek electronic search warrants for evidence of chemical intoxication, which is the practice in over thirty other states. Developing educational materials and programming on drug impairment to share with trial court judges. According to the Centers for Disease Control and Prevention (CDC), THC, marijuana's principal active ingredient, impairs coordination, judgment, and balance – the skills every operator needs to drive safely. A February 2020 survey conducted by Mothers Against Drunk Driving found that 1 in 8 (12%) of adults admitted to driving within two hours of consuming marijuana. "With the continued implementation of adult-use marijuana in the commonwealth, it is vital that we continue to focus on efforts to both combat drugged driving and raise awareness about the dangers of operating while under the influence," Polito said.