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Getting Tough on Drivers
Greater penalties sought for offenses

By Joie Tyrrell
STAFF WRITER

2008 January 08

Prosecutors could have more power in court to deal with deadly drivers and
tougher penalties may be in store for motorists who continue to break the law.

These proposals are among a five-point road safety plan announced by Gov.
George Pataki in his State of the State address yesterday.

The plan, subject to legislative approval and heralded by motorist's groups and
prosecutors in Brooklyn, Queens and Nassau County, calls for:

Eliminating the requirement that prosecutors must prove criminal negligence
when prosecuting a driver who has seriously injured or killed someone.

Increasing penalties for drivers who cause serious injury or death.

Tougher penalties for drivers who leave the scene of a fatal accident.

Cracking down on unlicensed drivers.

Revoking the licenses of drivers who kill or injure others.

"This is a good thing," said Robert Sinclair Jr., a spokesman for the American
Automobile Association's Garden City-based Automobile Club of New York. "In
essence you are going after the segment of the driving population that is most
responsible for crashes of all types, particularly fatal crashes."

Under the plan, prosecutors would no longer need to prove criminal negligence in
cases where a driver's license was suspended or revoked; was under the
influence of drugs and/or alcohol; was fleeing a police officer; and has a history
of traffic infractions.

"The bottom line is drunk drivers who have benefited from loopholes in the law
will no longer have that benefit," said Jerry Schmetterer, a spokesman for
Brooklyn District Attorney Charles Hynes.

The legislation proposes providing consecutive sentences when a driver kills or
seriously injures multiple victims as opposed to the current law that does not
provide for tougher sentences in those instances.

Pataki's plan also would raise the offense level of crimes in which a driver kills or
seriously injures another person.

Hit-and-run drivers would face greater penalties, making it a crime that carries a
sentence of up to 7 years in prison, compared with existing law that punishes
offenders with a sentence of up to 4 years in prison. Under the proposal, the
driver's license would be automatically suspended when the accident results in
serious injury or death.

Unlicensed drivers could face tougher penalties as well, as the plan closes a
loophole in existing law that allows drivers who have never had a license or who
have had their license suspended many times to avoid punishment.

The measure calls for the mandatory revocation of licenses for drivers who kill or
seriously injure another person. Under existing law, the revocation is
discretionary.

Those charged with unlicensed driving will be fingerprinted.

"Reports from law enforcement officials indicate that a large number of drivers
whose licenses have been suspended or revoked falsify DMV records to avoid
penalties and attempt to obtain a new license under another name," according to
the governor's office. "Under current law, such drivers may escape detection
because these individuals are not fingerprinted."

Sinclair said that the Automobile Club has been pushing for tougher laws for
unlicensed drivers for at least a decade. An AAA Foundation for Traffic Safety
study in 2000 found that one in five fatal crashes involved a driver who was
unlicensed or whose license had been suspended, canceled or revoked.

"What the governor is doing is lumping unlicensed drivers and hard-core drunk
drivers into the high-risk driver category and targeting these people," Sinclair
said. "When you go after this target population with some strong prosecution and
penalties, you are sending a message. We're hoping this legislation will serve as
that warning message to those recidivist hard-core unlicensed drivers."

Nassau County District Attorney Denis Dillon said he supported the measures.

"These changes will enhance my office's ability to prosecute and convict drivers
whose actions cause death and serious injury on our roads," Dillon said, adding
that increased penalties also will "afford judges the means to sentence
defendants more appropriately."

Richard Brown, the district attorney in Queens, also supported the proposals.

"We certainly have more than our share of these kind of tragedies and it is
difficult to explain to families that the law doesn't always allow for us to
prosecute," Brown said. "We are prepared to work with the governor and the
Legislature to go ahead and reform the law. But at the same time you have to be
careful that you don't turn every traffic accident into a criminal proceeding."

Staff writer Pete Bowles contributed to this story.

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