Synthetic narcotics spark new look at drugged-driving laws

MINEOLA, N.Y.-Eighteen-year-old Kristian Roggio was riding in a friend's car when another driver careened across a Brooklyn street, colliding head-on and killing her. That driver had inhaled aerosol dust cleaner moments before to get high, and prosecutors say he was impaired enough to be charged with vehicular manslaughter.

But New York's top court threw out the case, ruling the chemical composition of the dust cleaner wasn't on the state's list of banned substances-a requirement under the law-and that he couldn't be charged under a statute meant for drunken driving.

That ruling nine years ago highlights a loophole that still exists in New York and a dozen other states which base intoxicated driving-not on a police officer's observation of impairment-but on a specific list of banned substances 34 pages long.

Such laws were intended to give a scientific basis to drugged-driving charges. But some law enforcement officials say they have failed to keep up with the boom in designer drugs-such as synthetic marijuana, known as K-2-and homemade concoctions that are chemically distinct from traditional narcotics, which is leading them to push for a change in New York's law. They say that even though laws have been passed making it unlawful to sell or possess synthetic drugs, drugged driving laws haven't caught up with the rise in those narcotics.

"If we can't define the chemical and it's not on the list, we can't prosecute you," said Nassau County District Attorney Madeline Singas. "It is really frustrating for us in law enforcement especially as these chemical drugs become more and more popular with our kids. We're basically fighting drugged driving with one hand tied behind our back."

Experts say synthetic and homemade drugs impair a user's cognitive and motor skills just like their recognized illegal counterparts. And although state banned lists are occasionally updated, that's not happening fast enough to keep up with the black-market chemists who are continually making slight changes in their compounds to stay one step ahead of the law.

"Every kid with access to the Internet has access to unregulated designer synthetic drugs that are largely unknown to law enforcement," said Brendan Ahern, a New York attorney and former vehicular crimes prosecutor who has trained police officers and prosecutors on drugged driving. "There are certainly cases that are occurring routinely with drugs that law enforcement has the inability to detect."

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