Senate passes Abbagail's Law

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January 25, 2012

Staff Reports The Journal-Register Wed Jan 25, 2012, 01:15 PM EST

Legislation passed in the New York State Senate could have far-reaching effects for those caught under the influence while acting as a supervising driver.

State Sen. George Maziarz, R-Newfane, sponsored the bill known as “Abbagail’s Law,” which was approved 45-1 Monday, while similar legislation has been introduced in the state Assembly by Assemblywoman Aileen M. Gunther.

“It’s simple to understand: If you are supervising a younger driver, you must be sober,” Maziarz said. “Otherwise, the consequences can be tragic, like in the case of young Abbagail Buzard. When that happens, we have to have a way to bring the guilty to justice.”

The measure is named for Abbagail Buzard, an 8-year old girl from Orleans County who was killed in an automobile accident on the night of Sept. 4, 2009.

After drinking at a family party, the girl’s father convinced a 17-year old cousin, who had a learner’s permit, to drive him to a store to buy more alcohol. Abbagail was in the car, and lost her life after the inexperienced driver crashed after speeding on a curvy rural road.

While the driver that night violated numerous traffic laws, the father could not be held criminally responsible even though he was supposed to be the supervising adult in the car.

Abbagail’s Law would make it clear that any individual acting as a supervising driver while under the influence of alcohol or drugs can be charged with a Class A misdemeanor. It also creates the crime of aggravated supervising a driver while under the influence of alcohol or drugs, a Class E felony.

“This law will be a wonderful way to immortalize Abby and save other children,” said Necole Buzard, Abby’s mother, who has become a staunch advocate for the legislation.

“Abbagail’s Law closes a big loophole by making it clear that supervising drivers who are drunk or high will be held accountable for their irresponsible actions,” Maziarz said. “This law is necessary and common sense legislation that will deter individuals from placing children and others in unnecessary dangerous situations and save lives. Abby had her whole life in front of her, and she had it taken away. We owe it to her and her mother to try to change the system.”

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