CENTRAL FLORIDA — Drivers who cause deadly accidents are not always tested for drugs or alcohol. Police can't require a test without probable cause or reasonable suspicion, that the driver is impaired.
However, some local families are trying to change that.
The view from a Department of Transportation camera on I-95 in 2004, gave a glimpse of the horrific crash that killed three Good Samaritans, including Christopher Frattin and his girlfriend, Constance Samuals.
"Chris was trying to help with the accident and he had slowed traffic down and somebody decided they didn't need to slow down," said Frattin's father, Andy Frattin.
That driver, Margaret Casto, got 60 days in jail for driving on a suspended license, and without insurance.
But we will never know if she was under the influence because police had no probable cause to test her. In other states, she would've been required to take a blood test, but not in Florida.
"I was totally shocked that it wasn't, it wasn't mandatory. You really don't pay attention until it happens to you," Frattin ssaid.
Soon after that terrible crash, Frattin's mother vowed to change the law, requiring all surviving drivers in fatal crashes to submit to a blood test, but more than six years later it's still an uphill fight.
"We had a petition signed by thousands of people," Frattin said.
It didn't matter. Defense attorneys lobbied state lawmakers to keep the law the way it is.
"When I pushed for this in 2006, there were lots of calls from both the defense bar and many in the community that thought it was overly intrusive," Frattin said.
Drivers who cause fatal crashes can offer to take a blood test, but it has to be their choice and they have to pay for it.
Troopers can't require blood tests unless they have probable cause the driver is impaired. DUI defense attorneys said they won't let that change.
"That's not gonna happen. It would be held unconstitutional," said State Rep. Ari Porth.
Still, Robin and Andy Frattin aren't giving up. Their son died helping others and they want to save others in his memory.
"He'd say, mom, dad, you need to fix it. You need to fix it before this happens to somebody else," Frattin said.
The Frattins and other activists are urging state legislators to change the law this year.
Margaret Casto was never suspected of DUI. She declined to comment to WFTV.
WFTV
