The motorist who killed 3-year-old Allison Liao could be back behind the wheel before long, as the New York State Department of Motor Vehicles revoked his license for just 30 days.
Following a hearing in early January, DMV administrative law judge Sidney Fuchs determined that Abu-Zayedeh failed to yield the right of way when he ran over Allison as she walked hand in hand with her grandmother across Main Street in Flushing on October 6, 2013. The DMV revoked Abu-Zayedeh’s license, but the length of the revocation was not announced.
“The respondent failed to use due care, as required by VTL Section 1146, to avoid colliding with a pedestrian,” Fuchs wrote in his January 13 decision [PDF]. “There was no credible testimony as to why the respondent did not avoid this collision.”
Though Fuchs found Abu-Zayedeh at fault, he could be driving again as soon as March. A revocation period of ”at least 30 days” begins on February 13, according to DMV documents. After 30 days, Abu-Zayedeh may petition the DMV to have his driving privileges reinstated.
Amy Tam and Hsi-Pei Liao, Allison’s parents, were not available for comment, but issued a statement through their attorney, Steve Vaccaro: ”While Judge Fuchs correctly determined that the driver failed to use due care, it is shocking to learn that this is the official consequence of such an outrageous act.”
The DMV does not publicly post records of hearing outcomes or license revocations and suspensions, making it exceedingly difficult to gauge how this 30-day penalty compares to other cases. However, driving while intoxicated carries a mandatory six-month license revocation, as does “homicide, assault or criminal negligence resulting in death from the operation of a motor vehicle,” according to the DMV.
Last year, Families For Safe Streets met with DMV representatives to recommend several agency reforms, including regular publication of hearing outcomes and other data. The DMV has not contacted Families For Safe Streets since then and has not said if it plans to reform its protocols.