Spring
2004, p.14
Deadly Driver Laws Nixed by State
Assembly
Daily News reveals that only 14% of killer drivers are charged. Assembly does
not care.
As we went to press in early
May, Albany insiders were reporting that the package of “Deadly Drivers”
legislation championed by the governor is dead in the State Assembly. Late last
year, the Daily News reported that between 2000 and 2002, motorists killed 580
New York City pedestrians, but only 80 motorists were charged with a crime. In
response to the newspaper's “Save a Life, Change the Law” campaign, Governor
Pataki proposed new laws that would hold killer drivers accountable for their
actions. Prosecutors interviewed by the News confirmed T.A.’s long-time
assertion that state law makes it almost impossible for prosecutors to convict
even the most reckless killer drivers. According to Brooklyn District Attorney
Maureen McCormick, under existing law, killer driver cases “are as heartbreaking
as they are difficult to prove.”
Unfortunately, the State
Assembly and its leader, Sheldon Silver, show no interest in holding deadly
drivers accountable. Instead of treating the governor’s package as the beginning
of a negotiating process and making a counter proposal, the Assembly has decided
to stall and undermine laws that would start making killer drivers responsible
for their actions. A February 27th Assembly hearing in New York City that was
supposed to address killer driver legislation turned into a farce; Assembly
members defused an emotional plea for action by Brooklyn Assistant District
Attorney Maureen McCormick with a lengthy discussion about obscure legal
procedures for handling evidence in Massachusetts and New Hampshire.
The Governor’s deadly driver
reform package would have:
- Removed the District
Attorney’s burden of proving criminal negligence when a driver under the
influence seriously injures or kills someone, flees from a cop or violates
traffic laws and has a history of infractions.
- Given consecutive
sentences to drivers who kill or seriously injure more than one person.
- Boosted top penalties for
deadly hit-and-run drivers from four to seven years in prison.
- Cracked down on unlicensed
drivers by requiring them to be fingerprinted, which would have made it
harder for them to get new licenses under phony names.
- Revoked licenses of
drivers who break traffic laws and kill or seriously injure another person
in the process.
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