Paterson Proposes 'Schuler Legislation' For DUIs With Kids In Car

Photo of Schuler Lawyer Dominic Barbara by Seth Wenig/AP

Governor Paterson introduced new legislation yesterday that would stiffen penalties for drunk drivers who get behind the wheel with children in the car. First-time offenders would be required to install devices to prevent their cars from starting and any drunk drivers who kill a child under 17 would face up to 25 years in prison. The bill proposes creating a new drunken driving charge, aggravated vehicular homicide, increasing the penalties for drivers who kill someone while drunk or on drugs.

The bill had been in the works, but was given increased priority in the wake of the Taconic crash in which Diane Schuler was driving with five young children in the car. Schuler was discovered to have a blood alcohol level of 0.19 and traces of marijuana as well. Charles Fuschillo, the Long Island state senator who co-authored the bill, said, "If you're going to drive drunk with a child held hostage in the car, if you're convicted you should face hard time." Under current law, having a kid in the car while driving drunk is an added misdemeanor.

Despite the toxicology results in the case, Diane Schuler's husband Daniel and his lawyer Dominc Barbara continue to publicly insist that there is "no way in the world she's an alcoholic." The latest justification coming from the lawyer is that the blood alcohol findings were caused a topical painkiller Diane Schuler had taken. Barbara told the Post yesterday, "She took Anbesol for her toothache, that's what caused it. Look it up on the Web!" Experts said that such a scenario was just about impossible, even if the entire 1.75 liter bottle of vodka inside Schuler's car was covered in Anbesol. There was also no word from Barbara how it would cause traces of THC to appear, something he has refused to address thus far.

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By Billy Parker in News on August 14, 2009 9:59 AM

Comments [rss]

Theodore Wirth

It's obvious that we all hate lawyers so let's give it a rest.

How about directing our outrage towards enforcing/creating laws that prohibit texting and/or the use of cell phones while driving? Statistics clearly show that this is a much bigger problem than DUI in terms vehicle crashes, destruction of property and deaths.

Why not tackle this issue? 1) Because we can't get on our moral high horses and condemn it as easily as alcohol or susbstance abuse as this narcissistic practice hasn't been yet identified as some Puritan-defined issue. 2) Because a majority of us do it in spite of the fact that we overwhelminingly disapprove of it when anybody else dares to do it.

As for me, I am sick and tired of America's multiple-choice moral standards and the selective system of justice that is based based on personal convenince/economic/political/relgious status.

NannyState

Danny Schuler should apply a gallon of Anbesol to his mouthpiece.

Snoopy

I believe that Anbesol only comes in 1.75 liters bottles, not in a gallon jugs.

The lawyer just wants to make nice so he can get his options on the new OJ trial as soon as he's released.

robingee

A reputable lawyer doesn't bleat "Look it up on the Web!" as a defense.

silver

21 year old drinking age limit is a hate crime by the state against young adults!!!!!

ChampionOfTheSun

Anbesol? Really? That's what they're going with?

And while I agree that it's bad to drive drunk with children in your car, it's just as bad to drive drunk without them in the car. The person you plow into can just as easily have kids in the car. Or you can run over a kid in the street.

How about just tossing all drunk drivers in prison?

mrguy

Aren't laws usually named after victims rather than the perp?

JenChungsBaby

Good point. Like Megan's Law.

Stewart

Does using Anbesol make you want to toke up too?

UnrepentantFenian

Every time this town experiences a tragedy, our dipshit politicians fall over each other trying to enact relevant legislation to garner some publicity. These assholes trade in human anguish for their own personal gain. These ridiculous laws serve no purpose except to keep these tools in the public eye. How about some personal responsibility. How about we have enough laws. You can have all the laws in the world and stupid people will still do stupid things.

whitecastlerock

Dominc Barbara, wasn't he the "bloated attorney" who frequented the Howard Stern show?

S.D.

Ugh, This is the "Lawyer" who's client wanted his wife to reimburse him for his Kidney!

Look at his client list...

Jen Chung

Bingo.

robingee

Dominc Barbara is such a piece of crap.

Snoopy

Just great. Now we will have kids reading about Anbesol and they will OD on it because they can't get a buzz by hitting their gums with a little bit so they will consume a bottle or two to get whacked.

.19 for using Anbesol. Indeed it is 96% alcohol, but how much of this stuff would she need to take? Plus if you read the warning it says it doesn't affect ones ability to drive. Was there a 1.75 liter of Anbesol found in the car? Or even a small bottle? Is this guy grabbing for straws or what?

UnrepentantFenian

There is no ethyl alcohol in anbesol

Tpooh2

"She took Anbesol for her toothache, that's what caused it. Look it up on the Web!"

Umm...thats the best she could come up with...seriously...?

S.D.

Seriously. IMO, That lawyer is an incredible Jackass.

I'm sorry both families lost loved ones, but Mr. Schuler is *NOT* being helped by that "person".

Tpooh2

It musta been a hell-of-a toothache...

russ

Fine, she wasn't an alchoholic.

However, she WAS drunk while driving that car, and she killed all those people.

Toxicology reports don't lie.

nicemarmot

Ummmm...why don't we do these things to ALL drunk drivers? Why does it make a difference if there's a kid in the car? A drunk driver could just as easily hit and kill someone else's kid.

As far as I am concerned, drunk drivers should lose their license for a year on the first offense, forever on the second. Third offense is 10 years in jail. If you kill someone driving drunk, that should be a life sentence. If you get caught driving without a license after it was suspended for DUI, you go to jail. The reason people keep driving drunk is because it's very rare that anyone actually gets in much trouble for it. Even if you get caught, it's a minor offense. It needs to be a major offense with big penalties to have any real effect on people's behavior. Why should I have to risk my life everytime I go outside at night because some drunk douchebag was too lazy to call a cab?

Spirit of 76

The problem is that taking away their license wouldn't help with a lot of drunk drivers. They'll just keep driving. We've seen the stories here on Gothamist of drivers who have had licenses suspended more times than I can count. There should be immediate forfeiture of the vehicle if you're caught driving drunk the second time. Double whammy. You get the drunk off the road and send a clear message to anyone else even considering it that getting caught will cost you a lot.

silver

Its "feel good" nazi safety police coming to save the children.

Jen S

Sing it!

verbal

Thank you for hitting it on the head in the first post. This is the same inherently misguided philosophy behind hate crimes.

DUI is one of the more selfish crimes one can commit, and should be punished severely. When your actions include the loss of life, any life, your sacrifice should be the ultimate available.

As far as this crazy bitch is concerned; I hope they take that kid away from his father, and the other families get some peace in their lives.