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FOR IMMEDIATE RELEASE |
CONTACT: Erin Duggan |
DISTRICT ATTORNEY VANCE STATEMENT ON THE STATE LEGISLATURE’S PASSAGE OF JACK SHEA’S LAW
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“The law named for Olympian Jack Shea fixes a glaring legal loophole, which had existed in New York State for far too long. This bill expands the law to authorize many more medical personnel to obtain a blood sample from a driver that has been arrested for Vehicular Homicide or Vehicular Assault, a situation where time is of the essence. “Jack Shea was a beloved American speed skater who won two gold medals during the 1932 Olympics in Lake Placid, New York. He was the eldest of three generations of Olympians. In 2002, he was killed by a drunk driver who had a blood alcohol level of .15. The driver’s blood had been drawn by a trained medical professional, without a doctor present. As a result of a legal loophole, the driver’s blood alcohol content could not be entered as evidence and the case was dismissed. With the passage of the Jack Shea bill, nurse practitioners, licensed practical nurses, advance emergency medical technicians, medical laboratory technicians, and other professionals with a license to draw blood in New York will be able to legally draw blood without the presence of a doctor; the law now recognizes this blood sample for trial purposes. “Minutes and hours matter when drawing blood from a drunk driver who has killed or seriously injured someone. With each passing moment, the driver's body naturally metabolizes the alcohol in its system making the precise time that blood is drawn from a drunk driver critical to being able to prove a case. I thank the Legislature for their attention to this serious issue, and encourage Governor Paterson to quickly sign this important bill into law.” ### Additional news available at: www.manhattanda.org Follow us at twitter.com/ManhattanDA New York County District Attorney | duggane@dany.nyc.gov | 212-335-9400
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