Press-Republican

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February 9, 2012

Child's death prompts Senate to pass new bill

â Targets licensed drivers under the influence supervising another at wheel

PLATTSBURGH — A bill passed in the New York State Senate could mean new penalties for those under the influence caught supervising other drivers.

The bill, known as Abbagail's Law, would make it a crime for a licensed driver to coerce another person to take the wheel for him or her. It is now in the hands of the Assembly.

Sponsored by Sen. George Maziarz, the bill is named after 8-year-old Abbagail Buzard, a western New York girl who was killed in a car accident caused by an inexperienced driver who was being supervised by a parent under the influence.

Abbagail was at a family gathering in September 2009 with her father, Corey Buzard, who had been drinking heavily. Wanting to go to the store for more beer, he got Abbagail's 17-year-old cousin — with a learner's permit — to drive his car.

Abbagail was sitting on the lap of one of three other children in the back seat.

The cousin was operating the vehicle at unsafe speeds and lost control. The 8-year-old was thrown from the car when it rolled down an embankment, trapping her underneath and killing her.

Under current law, neither the driver or the father could be charged according to the circumstances of her death.

'TRAGIC DEATH'

Maziarz told the Press-Republican that the district attorney serving that area had been perplexed over that.

The charges brought against the father were not serious because he hadn't been behind the wheel.

"It's a very unusual circumstance, but they were not able to charge him. His little girl died for nothing," Maziarz said. "What I see is a loophole."

The bill passed with just one dissenting vote in the Senate.

"People who are supervising unlicensed drivers have the same crucial responsibility to be fully aware and capable of operating a vehicle as the driver," Senate Majority Leader Dean Skelos said in the press release.

"The tragic death of Abbagail Buzard demonstrated that new protections are needed to prevent supervising drivers from being impaired by alcohol or drugs and to hold violators accountable for their actions."

"This basically holds a supervising driver accountable," Maziarz said. "The circumstance don't happen often, but maybe in the future, if somebody is at a party, they're going to think twice ... The (17)-year-old has to live with this for the rest of their life."

If Abbagail's Law is made law, a misdemeanor would be charged to a person with a blood-alcohol concentration lower than 0.18 percent who is supervising a driver.

It would be a felony offense for someone with an 0.18 percent blood-alcohol concentration.

Email Rebecca Webster at: rwebster@pressrepublican.com

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