BRIGHTWATERS - A Seaford father whose son was hit and killed while crossing the street in 2011 is fighting to make sure drug and alcohol tests become mandatory.

Phillip Walker’s son James was hit in Brightwaters, and the driver that killed him was never tested for drugs or alcohol.

Since then, Walker has been pushing to make the tests mandatory for all drivers involved in serious or fatal accidents.  Walker says he is frustrated by the lack of action from lawmakers.

The proposed bill requiring the tests passed in the state Senate, but stalled in the Assembly this session.

Similar laws in other states have been struck down by courts as unconstitutional for forcing drivers -- against their will -- to be tested.

Bronx Assemblyman Michael Benedetto says he's working to convince state lawyers that the proposed bill passes constitutional muster. He says he will try again next legislative session.