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Abstract: 

There is a nationwide trend in sentencing in which judges explain away culpability in cases involving prescription drugged- driving crashes. The defense bar often portrays the defendant as the victim of a corrupt pharmacological system—the unwitting dupe who never read the warning label or heard the physician’s warning of the danger of opioid or anti-anxiety medication DUI/DWI. A case in Albany, NY, illustrates this trend. In 2013, LuAnn Burgess, under the influence of a “cocktail of prescription drugs,” killed three pedestrians and was indicted for criminally negligent homicide. The prosecution’s sentencing recommendation appeared fair if not lenient, taking into account the defendant’s recent physical health, but Burgess avoided prison and was sentenced merely to probation and community service by Albany County Judge Steven Herrick. This ruling appears to have set a dangerous precedent for subsequent cases involving prescription drug-impaired drivers who are found guilty of criminal negligent assault or homicide. This article summarizes the issue and similar cases.

Keywords: Prescription-Drugged Driving

Affiliations:  1: Impaired Driving Update.