Traffic Justice

On Tuesday the District Attorneys Association of the State of New York released its agenda for cleaning up and toughening state and federal gun laws. Manhattan DA Cy Vance, named to a one-year term as DAASNY president last summer, announced that the organization had sent a letter to Governor Cuomo and legislative leaders with a host of proposals, ranging from restrictions on high capacity magazines to stiffer penalties for gun crimes and changes to mental health laws.

This afternoon, Department of Motor Vehicles Commissioner Barbara J. Fiala announced new policies to make it tougher for repeat drunk or drugged drivers to get behind the wheel.

Legislators in Pennsylvania this year did what Albany lawmakers could not: addressed a loophole in state law that gives hit-and-run drivers an incentive to leave the scene of a serious crash. But the arduous task of getting a bill to the desk of Governor Tom Corbett exemplifies the difficulty in holding reckless motorists accountable, even when they take lives.

One of the more pernicious shortcomings of New York State's slapdash traffic justice system is its failure to keep dangerous drivers off the road. As long as repeat offenders pay their fines and don't get caught driving drunk, they can for the most part count on holding on to a drivers license, no matter how many tickets they receive, even if they cause a fatality.

If you get drunk, get behind the wheel of a car and get into a crash in New York State, you should flee the scene. Not morally, of course, but legally the repercussions will be less severe. A drunk driver who stays at the scene of a crash can be charged with a felony; sober up and take the hit-and-run charge and the worst you'll face is a misdemeanor.

At the February City Council hearing on NYPD traffic enforcement, council members and the public learned that a driver who injures a pedestrian or cyclist in New York City is not normally cited under the state vulnerable user laws unless an officer witnesses the violation. NYPD officials said department protocol prohibits precinct officers from issuing tickets under VTL 1146, the state statute that includes Hayley and Diego’s Law as well as Elle’s Law, because the citations are prone to being dismissed in court.

The manslaughter plea of David McKie, sentenced earlier this month for running down Manhattan pedestrian Karen Schmeer as he fled police following a petty theft, points to a trend in vehicular crimes law that is resulting in lighter sentences for drivers who kill.

Last week's tragic bus crash in the Bronx, which left 15 dead, has captured the attention of New York's media and political elite. Since the crash took place nine days ago, the New York Times has published no fewer than seven articles updating its readers on every detail and development.

Leandra's Law, passed by the state Legislature and signed into law by Governor Paterson last year, mandates ignition interlocks for motorists convicted of DWI and makes it a felony to drive drunk with children as passengers. But since it was adopted, over two dozen counties have asked for a two-year moratorium on implementation of the law, set to begin in August.