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Posts from the "Traffic Justice" Category

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New Penalties for Reckless Drivers Now In Effect, But NYPD Isn’t Ready

In May, the City Council passed a package of legislation to crack down on traffic violence. In June, Mayor Bill de Blasio signed the bills. Today, one of the most important bills in that package goes into effect: Intro 238, also known as Section 19-190, creates a new criminal misdemeanor charge for reckless drivers. But NYPD’s legal department has yet to create an enforcement directive for officers and investigators on the street.

The driver who killed Jean Chambers would have faced criminal charges, not just a traffic ticket, under a law that took effect today. Photo via DNAinfo

Under the new law, a driver’s failure to yield to a pedestrian or cyclist with the right of way is a traffic infraction with a fine of up to $50 or 15 days in jail, or both. If the driver strikes and injures the pedestrian or cyclist, that escalates to a misdemeanor with a fine of up to $250 or 30 days in jail. Unlike a traffic infraction, a misdemeanor charge involves an arrest and a required appearance in court. Guilty pleas or convictions result in not just a fine or possibly jail time, but also a permanent, public criminal record.

Many sober reckless drivers who injure and kill, leaving behind victims including Jean Chambers and Allison Liao, among many others, have until now gotten off with nothing more than a traffic ticket and a fine payable by mail.

But will police use the new tool? Attorney Steve Vaccaro, who helped push for its passage, isn’t so sure. ”At the mayoral signing of 19-190, I tried to buttonhole Transportation Bureau Chief [Thomas] Chan to ask what steps would be taken to inform and train rank and file officers,” he said in an email yesterday. ”He told me he would have to check with department counsel. Last night, I raised the issue with Chief of the Department Banks via Twitter. No reply.”

Vaccaro wants to see the department embrace the new law sooner rather than later. “NYPD has given New Yorkers concerned about street safety no reason to believe that anything will change on August 22 when the misdemeanor law takes effect,” he said.

NYPD did not reply to a request for comment, but City Hall says the department is still looking into it. “This is an important new tool to improve the safety of the streets for pedestrians and cyclists,” said de Blasio spokesperson Wiley Norvell. “It’s currently going through NYPD legal which analyzes new criminal law and develops enforcement directives.”

Next up: Cooper’s Law, also signed in June, allows the Taxi and Limousine Commission to suspend or revoke the licenses of cab and livery drivers who cause critical injury or death as a result of breaking traffic laws. It takes effect September 21.

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Will Cy Vance Fail to Prosecute Another Serious Midtown Curb-Jump Crash?

New Yorkers have seen this before.

Manhattan District Attorney Cy Vance sees no evidence of recklessness here. Photo: ##https://twitter.com/FDNY/status/496750617613066240##@FDNY##

No evidence of recklessness here, says Manhattan District Attorney Cy Vance. Photo: @FDNY

On a beautiful summer day, a professional driver with a history of recklessness behind the wheel drives onto a crowded Midtown sidewalk, striking multiple people and causing serious injuries. The driver lays blame elsewhere, on factors he claims were beyond his control. Meanwhile, staff from Manhattan District Attorney Cy Vance’s office, who don’t normally discuss vehicular crimes with reporters, issue statements assuring the public that prosecutors are on the case.

It was one year ago this month that yellow cab driver Mohammad Faysal Himon severed the leg of tourist Sian Green. In November, Vance’s office announced that no charges would be filed.

On Tuesday afternoon, William Dalambert crashed a Gray Line double-decker bus into an SUV and another sightseeing bus at 47th Street and Seventh Avenue, then jumped the curb and knocked over a light pole, injuring 18 people. Dalambert has anywhere from 11 to 20 license suspensions on his record, according to reports. He has been cited for speeding, using a cell phone while driving, and driving without a license. Video reportedly shows him accelerating before Tuesday’s crash, as the light in front of the bus turned red. Dalambert claimed the brakes on the bus failed, but investigators found no evidence of a mechanical problem.

Dalambert was arrested for driving while ability impaired, but further tests indicated no intoxication, and to this point Vance has filed no charges.

“[A]t this present stage of the investigation, there is not sufficient basis to conclude that the defendant was operating the tour bus in a reckless manner,” read a court notice filed by Vance’s office. Vance spokesperson Joan Vollero said the office is still investigating: “We are awaiting results of the full toxicology report. We are taking this matter seriously.”

Whether or not Dalambert was under the influence, that he drove into two vehicles, mounted the curb and injured multiple bystanders is not in dispute. Only through sheer luck did the people in his path escape death, and the severity of the victims’ injuries is not publicly known.

There is video of this crash, and, as with the Sian Green case, no shortage of witnesses. And yet — as with the Sian Green case — Vance has issued no charges for recklessness or criminal negligence.

Time will tell if DA Vance steps up in this instance to protect New Yorkers from dangerous drivers, or if the outcome of this serious crash will be déjà vu all over again.

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DA Thompson Plea Deal: Serial Unlicensed Driver Fined $250 for Deadly Crash

A serial unlicensed driver who killed a pedestrian will pay a few hundred dollars in fines pursuant to a plea deal with Brooklyn District Attorney Ken Thompson.

The recidivist unlicensed driver who killed pedestrian Nicole Detweiler was fined $250 after a plea deal from Brooklyn DA Ken Thompson. Image: ##http://www.ny1.com/content/politics/inside_city_hall/190291/ny1-online--brooklyn-da-candidate-thompson-responds-to-attacks##NY1##

The recidivist unlicensed driver who killed pedestrian Nicole Detweiler was fined $250 after a plea deal from Brooklyn DA Ken Thompson. Image: NY1

Two motorists hit 32-year-old Nicole Detweiler as she crossed McGuinness Boulevard at Nassau Avenue in the early evening hours of December 29, 2013. She died at the scene.

According to DNAinfo, the second driver to strike Detweiler was Roberto Amador, then 35, who had been arrested less than a week earlier for driving with a suspended license when he collided with a cab on the Upper West Side. His license was suspended last May, the report said, because he didn’t pay “a recurring fee drivers pay the DMV for various infractions.” DMV imposed the fee after Amador accumulated six license points between December 2011 and May 2013, DNAinfo reported.

For the first offense, Amador was charged by Manhattan DA Cy Vance with second degree unlicensed operation, a charge that may be applied when a defendant is caught driving without a license after prior convictions for unlicensed driving, or when the defendant’s license was previously suspended or revoked pursuant to a drug or alcohol related driving offense.

After the fatal Brooklyn crash former DA Charles Hynes issued a top charge of third degree aggravated unlicensed operation — a less severe charge than the one applied by Vance — despite Amador’s pending unlicensed driving charge. Hynes did not charge Amador for killing Detweiler. Thompson, who defeated Hynes in last year’s election, didn’t upgrade the charge, which carries a maximum penalty of 30 days in jail and a $500 fine.

Aggravated unlicensed operation tends to be the default top charge against unlicensed drivers who kill New York City pedestrians. It’s also applied against unlicensed drivers who commit non-criminal traffic infractions. State lawmakers failed this year to pass legislation to make it a felony to kill or injure someone while driving without a license.

In July, Amador pled guilty to the Manhattan charge and the court imposed a $200 fine, according to court records. On Tuesday, he pled guilty to aggravated unlicensed operation in the third degree for the crash that killed Nicole Detweiler. He was fined $250 and given a one-year conditional discharge.

The message from prosecutors is this: Don’t bother with a drivers license in New York City. So long as you aren’t drunk, the justice system will barely inconvenience you — even if you kill someone.

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15-Day Maximum Sentence for Unlicensed Driver Who Killed Bronx Senior

An unlicensed driver who killed a pedestrian in the Bronx last year was charged with only a traffic infraction that carries a nominal fine and a maximum 15-day jail term.

Bronx District Attorney Robert Johnson charged an unlicensed driver with a traffic infraction for a crash that killed an 82-year-old pedestrian.

Bronx District Attorney Robert Johnson charged an unlicensed driver with a traffic infraction for a crash that killed an 82-year-old pedestrian.

Nabaali Cletus hit 82-year-old Manuel Verdesoto with a Volvo as the senior crossed White Plains Road at Watson Avenue on the evening of May 15, 2013, according to reports.

photo from the scene showed two severe impact points to the destroyed windshield, and a dent in the hood, indicating that Verdesoto was thrown onto the vehicle with tremendous force. He died at Jacobi Hospital.

Police said Cletus, then 46, had a forged New York State photo ID and was not licensed to drive. Reports published soon after the crash said he was charged with possession of a forged instrument and driving without a license.

Cletus was not charged by NYPD or Bronx District Attorney Robert Johnson for killing Verdesoto. Nor was he charged with aggravated unlicensed operation, a misdemeanor that normally serves as the default charge issued by city prosecutors when an unlicensed driver kills a pedestrian or cyclist.

Currently the sole charge against Cletus is operating a motor vehicle by an unlicensed driver, according to court records — an infraction that carries a maximum penalty of 15 days in jail and a $300 fine.

Court records say Cletus was in court most recently on July 24. He is scheduled for another court date in September.

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No Homicide Charge for Unlicensed Curb-Jumping Driver Who Killed SI Woman

A motorist who crashed on a Staten Island sidewalk was charged by District Attorney Dan Donovan with driving without a license and drug possession, but not for killing one pedestrian and hospitalizing another.

Christal Aliotta. Photo via Staten Island Advance

Christal Aliotta. Photo via SI Advance

On the afternoon of June 9, a motorist jumped the curb and hit 31-year-old Christal Aliotta and her 20-year-old cousin Stephanie Canecchio as they walked along Hylan Boulevard at Cleveland Avenue in Great Kills. Aliotta, the mother of two young daughters, died at the scene. She was struck after reportedly pushing her cousin out of the driver’s path.

Police arrested Michael Fox, 23, who according to a criminal court complaint was found at the scene inside a 2005 Honda Accord with the engine running. The complaint says officers discovered a “hypodermic syringe, spoon with residue and tourniquet band” in the car, and found “two glassines containing heroin residue” in Fox’s pockets. Fox’s license had been suspended on May 23 for failure to answer a traffic summons, according to the complaint and the Staten Island Advance.

Fox was charged with possession of a controlled substance and third degree aggravated unlicensed operation, both misdemeanors. He was not charged with homicide or assault for killing Aliotta and injuring Canecchio. The criminal court complaint and arrest report only mention the victims in passing.

A spokesperson for Donovan’s office told Streetsblog prosecutors have Fox’s toxicology report, but declined to say what the results were. “[W]e are still reviewing them as the case is ongoing,” the spokesperson said via email.

On the day of her daughter’s wake, Lisa Canecchio said she wants Donovan to upgrade charges against Fox. From the Advance:

Read more…

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New York’s Top Court Exhibits Depraved Indifference to Pedestrians’ Lives

Court of Appeals Judges Jenny Rivera, Sheila Abdus-Salaam, Robert S. Smith, Susan P. Reid, and Chief Judge Jonathan Lippman ruled that Jose Maldonado showed concern for others’ safety as he sped through Greenpoint in a stolen van, driving against traffic and striking pedestrian Violetta Krzyzak with enough force to catapult her body 55 yards through the air.

Court of Appeals Judges Jenny Rivera, Sheila Abdus-Salaam, Robert S. Smith, Susan P. Reid, and Chief Judge Jonathan Lippman ruled that Jose Maldonado showed concern for others’ safety as he sped through Greenpoint in a stolen van, driving against traffic and striking pedestrian Violetta Krzyzak with enough force to catapult her body 55 yards through the air. Prosecutors warn that the decision will affect future cases against drivers who kill.

In a decision that may hinder future prosecutions of killer drivers, New York’s highest court rejected the murder conviction of a car thief who fatally struck a Brooklyn pedestrian during a high-speed NYPD chase — ruling that the defendant showed concern for others’ safety by swerving around vehicles and people as he attempted to elude police.

The ruling drew a rebuke from Nassau County District Attorney Kathleen Rice, who is nationally known for seeking serious penalties for motorists who kill.

On the afternoon of April 27, 2009, Jose Maldonado drove a stolen minivan through the streets of Greenpoint. With police in pursuit, in apparent violation of NYPD protocol, Maldonado ran red lights and sped against oncoming traffic while weaving between lanes. When he narrowly missed a pedestrian who leapt from his path, Maldonado kept going. He hit 37-year-old Violetta Krzyzak at Manhattan Avenue and India Street. According to the Court of Appeals, Krzyzak “landed over 165 feet, or almost one block, away from the point of collision.” She died at the scene.

Maldonado did not slow down after striking Krzyzak. He crashed into parked vehicles five blocks away, court documents say, and was tackled by witnesses as he tried to flee on foot.

Maldonado was convicted at trial of murder because he acted with “depraved indifference” to human life, but the Court of Appeals this month reduced the top charge against him to second degree manslaughter [PDF]. “[W]e conclude that the evidence was legally insufficient to support defendant’s conviction for depraved indifference murder,” wrote Judge Jenny Rivera for the majority, “because the circumstances of this high-speed vehicular police chase do not fit within the narrow category of cases wherein the facts evince a defendant’s utter disregard for human life.”

Whereas Maldonado’s murder conviction carried a sentence of 15 years to life, second degree manslaughter is a class C felony, with sentences ranging from one to 15 years in prison. Maldonado’s re-sentencing date was not yet scheduled at this writing.

“The Court of Appeals’ decision in Maldonado is distressing to anyone who recognizes that a wildly reckless driver, bent on fleeing the police, can be absolutely depraved toward innocent people that are in his way,” said Rice in a written statement. “It’s time for the legislature to address the issue and make it clear that the outrageously dangerous driving represented in Maldonado is not simply reckless, it is depraved. And when someone dies as a result, it should be nothing short of murder.”

Rice and her chief vehicular crimes prosecutor Maureen McCormick have for years warned that poorly-written state statutes are leading to case law that favors killer motorists. But weak laws aren’t the only cause for concern. Though the Maldonado ruling was not unanimous, five of the seven most powerful judges in New York State exhibited a troubling readiness to make excuses for a driver who they acknowledge “did not brake” after slamming a speeding van into an innocent bystander.

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Serial Unlicensed Driver Gets Misdemeanor Charge in Brooklyn Death

A man with an outstanding charge for driving without a license fatally struck a pedestrian in Brooklyn last December but faces only a second charge of unlicensed driving after taking someone’s life.

Two drivers hit Nicole Detweiler as she crossed McGuinness Boulevard at Nassau Avenue in the early evening hours of December 29, 2013. Detweiler, 32, died at the scene.

Brooklyn DA Ken Thompson. Image: ##http://www.ny1.com/content/politics/inside_city_hall/190291/ny1-online--brooklyn-da-candidate-thompson-responds-to-attacks##NY1##

Since charges filed by former Brooklyn DA Charles Hynes were not upgraded by current DA Ken Thompson (pictured), a man who reportedly killed a pedestrian six days after an arrest for driving without a license faces a maximum penalty of 30 days in jail and a $500 fine. Image: NY1

Reports said the second driver to strike Detweiler was Roberto Amador, then 35. Amador, who was driving a box truck, was arrested and charged for driving without a license.

According to DNAinfo, Amador had been arrested less than a week earlier for driving with a suspended license after he collided with a cab on the Upper West Side. His license was suspended last May, the report said, because he didn’t pay “a recurring fee drivers pay the DMV for various infractions.” DMV imposed the fee after Amador accumulated six license points between December 2011 and May 2013, DNAinfo reported.

Court records say Amador was charged by Manhattan District Attorney Cy Vance last December 23 with second degree unlicensed operation, a charge that may be applied when a defendant is caught driving without a license after prior convictions for unlicensed driving, or when the defendant’s license was previously suspended or revoked pursuant to a drug or alcohol related driving offense. Despite the outstanding unlicensed driving charge when he hit Nicole Detweiler six days later, and Amador’s driving history, former Brooklyn DA Charles Hynes levied a top charge of third degree unlicensed operation — a less severe charge than the one applied by Vance — according to court records.

In other words, after being involved in a fatal crash while driving without a license, Amador was simply charged again for unlicensed driving, with no additional charges for killing a pedestrian. Charges against Amador were not upgraded by Hynes’s successor, current Brooklyn DA Ken Thompson.

Aggravated unlicensed operation tends to be the default top charge against unlicensed drivers who kill New York City pedestrians. It’s also applied against unlicensed drivers who commit non-criminal traffic infractions. Third degree unlicensed operation carries a maximum penalty of 30 days in jail and a $500 fine. State lawmakers failed this year to pass legislation to make it a felony to kill or injure someone while driving without a license.

Roberto Amador was released without bail the day after the crash that killed Nicole Detweiler, according to court records. He is scheduled to appear in court for the Manhattan unlicensed driving charge later this month, and is due back before a judge in Brooklyn in August. In the meantime, he remains free to drive.

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Brooklyn DAs Ignore “Rule of Two” in Death of Pedestrian Maude Savage

The driver who killed Brooklyn pedestrian Maude Savage was charged for failure to yield and driving without a license, but he was not charged with criminal negligence under the

The driver who killed Brooklyn pedestrian Maude Savage was charged for failure to yield and driving without a license, but he was not charged with criminal negligence under the “rule of two.” Image via Daily News

An unlicensed motorist who killed a senior in Brooklyn last year has pled guilty to a low-level misdemeanor and could be sentenced to probation and a nominal fine. Though the driver was charged with violating two traffic laws, current and former district attorneys Ken Thompson and Charles Hynes declined to pursue criminal negligence charges under the so-called “rule of two.”

Maude Savage was in a crosswalk and crossing with the light at Sutter and Euclid Avenues on November 25 when Robert Brown drove a commercial van into her, according to reports. Video of the crash shows that Brown barely slowed as he turned left toward Savage, leaving her no time to clear his path. Savage soon died from her injuries. She was 72.

Brown was charged by then-DA Hynes with third degree aggravated unlicensed operation, a misdemeanor that stipulates that he drove without a license when he knew or should have known he didn’t have one. Court records say he was also ticketed for failure to yield to a pedestrian in a crosswalk. Charges against Brown were not upgraded after Maude Savage died.

The rule of two is case law precedent that holds that a New York State motorist who is breaking at least two traffic laws at the time of a crash may be charged with criminal negligence. New York City prosecutors reflexively cite the rule as an obstacle to charging motorists for killing, but routinely fail to bring charges in crashes involving two or more traffic violations. The circumstances of this crash — driving without a license, failure to yield — seemingly satisfied the rule of two, but neither Hynes nor his successor Thompson exercised it.

City prosecutors tend to pursue third degree unlicensed operation as the top charge against unlicensed drivers who kill pedestrians. (It’s also applied against unlicensed drivers who turn without signaling.) Third degree unlicensed operation carries a maximum penalty of 30 days in jail and a $500 fine.

According to court records, on June 20 Brown pled guilty to unlicensed operation in the second degree, a charge that may be applied when a defendant is caught driving without a license after prior convictions for unlicensed driving, or when the defendant’s license was previously suspended or revoked pursuant to a drug or alcohol related driving offense. Second degree unlicensed operation is a more serious charge, but it’s still an unclassified misdemeanor. Penalties may include jail time, probation, and a fine of not less than $500.

Brown is scheduled to be sentenced in August.

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Mother of Cooper Stock: NYPD Must Hold Reckless Cab Drivers Accountable

Update: According to a spokesperson for Mayor de Blasio, today’s scheduled bill signing was postponed.

After a Wednesday hearing where he was joined by council members and department heads, Mayor de Blasio is scheduled to sign a package of bills today aimed at improving traffic safety. Though its signing will come later due to a scheduling conflict, one bill sent to the mayor by the council was Intro 171, also known as “Cooper’s Law.”

Cooper Stock. Photo: Barron Lerner via ##http://well.blogs.nytimes.com/2014/01/24/treat-reckless-driving-like-drunk-driving/##New York Times##

Cooper Stock. Photo: Barron Lerner via New York Times

The bill’s namesake, 9-year-old Cooper Stock, was fatally struck by a cab driver in an Upper West Side crosswalk in January. His father, Richard Stock, was injured in the collision.

The Taxi and Limousine Commission said Koffi Komlani’s probationary hack license won’t be renewed when it expires in July. Regardless, though Komlani has reportedly not driven a cab since the day of the crash, for now he remains in good standing with the TLC, despite the fact that he drove into two people who were crossing the street legally with sufficient speed to cause grave harm.

“The TLC did nothing,” said Cooper’s mother Dana Lerner. “They did nothing. They didn’t take his license. They didn’t do anything.”

According to the New York Post, the TLC can currently suspend hack licenses for 30 days only when a cab driver has six or more points, and can’t revoke a license until a driver has more than 10 points. Summonses for failure to yield and running a red light add three points to a hack license, a reckless driving summons adds five points, and a ticket for driving from 31 to 40 miles per hour over the speed limit adds eight points.

Reports said Komlani had no prior violations on his record. A summons for failure to yield is still pending, according to Lerner, and Komlani was not charged by Manhattan District Attorney Cy Vance.

When Cooper’s Law takes effect, the TLC will be allowed to suspend or revoke hack licenses of cab drivers who cause critical injury or death as a result of breaking traffic laws. But as we reported in May, penalties will depend on whether NYPD issues charges or summonses after a crash. As it stands, police investigate only a fraction of serious crashes, and fewer than 1 percent of New York City drivers who injure and kill pedestrians and cyclists are cited for careless driving.

Lerner has seen the data on NYPD enforcement of state vulnerable user laws, which the department says it can’t apply unless the Collision Investigation Squad is dispatched or an officer witnesses a violation. “That’s the key issue,” Lerner said. “If the NYPD doesn’t enforce, none of these laws have any meaning.”

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Bronx Hit-and-Run Driver Who Killed Abigail Lino Gets Six Months in Jail

A hit-and-run driver who killed a woman in the Bronx in 2013 will serve six months in jail.

Harlem resident Abigail Lino, 24, was crossing Bruckner Avenue near a Longwood club at around 3 a.m. last August 31 when Leroy Forest hit her with “a speeding silver SUV,” according to the Daily News:

Abigail Lino. Photo via DNAinfo

Witnesses said Lino’s body was thrown in the air by the callous driver before she came to rest in the center of the street. The driver sped off into the early morning darkness, police said.

“It’s hard to think about … we had just been inside having a good time. It’s really hard to believe,” said Ayalla Ingram, 24, who was walking with Lino moments before the accident.

“The car didn’t even slow down,” Taylor added. “It actually looked like it sped up (after it hit her).”

Lino worked for UPS and was a caregiver for her then-20-year-old sister, who has Down syndrome. She was also raising the young child of an ex, reports said.

Forest, of the Bronx, was arrested the day after the crash. According to court records, Forest pled guilty in May to leaving the scene of an accident resulting in injury, a class D felony punishable by up to seven years in jail, and which also allows for no jail time, or probation.

Leaving the scene was the top charge against Forest. Last week he was sentenced to six months in jail and five years probation. It is not known how the sentence will affect his driving privileges.

New York State law gives some drivers an incentive to leave the scene of a serious crash. The penalty for hit-and-run is less severe than the penalty for drunk driving, and cases hinge on the courts’ ability to divine driver intent, which makes “I didn’t see her” a viable defense. Reforming the laws is one of the goals of Mayor de Blasio’s Vision Zero plan, but Albany lawmakers have for years failed to pass legislation that would toughen hit-and-run penalties.