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Vance Deal: $400 Fine for Unlicensed Driver Who Killed Senior in Crosswalk

An unlicensed driver who fatally struck a senior as she crossed the street with the right of way will pay a $400 fine, pursuant to a plea arrangement with Manhattan District Attorney Cy Vance.

NYPD and Manhattan DA Cy Vance declined to charge an unlicensed motorist for causing the death of a senior who was crossing the street with the right of way. The driver was fined $400 for driving without a license. Photo: Brad Aaron

NYPD and Manhattan DA Cy Vance declined to charge an unlicensed motorist for causing the death of a senior who was crossing the street with the right of way. The driver was fined $400 for driving without a license. Photo: Brad Aaron

Keiko Ohnishi was walking with a cane across Madison Avenue at E. 98th Street on September 4 at around 9:47 a.m. when Kristin Rodriguez, 25, drove a minivan into her while making a left turn from E. 98th onto Madison, according to NYPD and the Post.

“[The van] hit her and she [flew] up and back down and he kept on going with her under him,” witness Tracy Molloy told the Post. “He was trying to make the light like every New York City driver.”

“I walked over and started to pull her dress down, and the driver was panicking,” said Neud Clermont, another witness. “He was like, ‘Oh my god, I didn’t see you!’”

Ohnishi, 66, was admitted to Mount Sinai Hospital in critical condition. She died from her injuries. Streetsblog was made aware of her death via the NYPD monthly crash data report and WNYC’s Mean Streets project.

Rodriguez, whose van had North Carolina plates, was summonsed for failure to yield and charged with third degree aggravated unlicensed operation, according to the Post and court records. He was not charged under city code Section 19-190, known as the Right of Way Law, which as of August makes it a misdemeanor to strike a pedestrian or cyclist who has the right of way. NYPD and Vance did not upgrade charges against Rodriguez after Ohnishi died.

Aggravated unlicensed operation is an unclassified misdemeanor, the lowest level misdemeanor category. It is seemingly the default charge against unlicensed drivers who kill New York City pedestrians, and is also applied when unlicensed drivers commit non-criminal traffic infractions. Third degree aggravated unlicensed operation carries a maximum penalty of 30 days in jail and a $500 fine. Drivers who plead guilty are normally fined with no jail time.

At a Fordham Law School event in November, Vance said he is prevented from prosecuting drivers who kill in cases that “may not have the facts to support a criminal prosecution and conviction.” For this crash and others like it, however, the Vance team clearly had enough evidence to bring a criminal case, yet declined to charge an unlicensed motorist who failed to yield for taking a life. Since the driver was charged with unlicensed driving and failure to yield, this case also seems to satisfy the so-called “rule of two.”

On Wednesday, Rodriguez, who was free on $1,000 bond, pled guilty and was sentenced to a $400 fine and $88 in fees, court records say. There is no indication that the court took action against his driver’s license. Rodriguez is scheduled to pay his fine in March.

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Driver With Revoked License Not Charged for Killing East Flatbush Senior

A driver with a revoked license killed a senior in Brooklyn Tuesday. As of Wednesday he was not charged by NYPD or District Attorney Ken Thompson for causing a death.

The crash occurred in the 67th Precinct, where motorists have killed at least three pedestrians this year, and at least seven pedestrians since January 2013.

Will District Attorney Ken Thompson charge an unlicensed driver for killing a Brooklyn senior? Image: ##http://www.ny1.com/content/politics/inside_city_hall/190291/ny1-online--brooklyn-da-candidate-thompson-responds-to-attacks##NY1##

Will District Attorney Ken Thompson charge an unlicensed driver for killing a Brooklyn senior? Image: NY1

At around 5:40 p.m., Joan Hale, 71, was crossing Foster Avenue at New York Avenue north to south when the motorist, eastbound on Foster, hit her with a 2012 Subaru Outback, according to NYPD. Police said the driver, a 75-year-old man, was proceeding with a green light, but had no information on how fast he was driving or how he failed to avoid hitting the victim.

Hale suffered severe head trauma and died at Kings County Hospital. The driver was arrested for driving with a revoked license. His name was withheld by NYPD.

It is not easy to lose a driver’s license in New York State, even temporarily. Offenses that make a license subject to revocation include DWI, homicide, leaving the scene of a crash resulting in injury or death, and three speeding or misdemeanor traffic violations committed within 18 months. For all of these offenses, except one, the minimum penalty imposed by the New York State Department of Motor Vehicles is a six-month revocation. Driving with a BAC of .18 percent or higher carries a revocation of at least one year. There is no automatic DMV penalty for killing someone with a motor vehicle.

State lawmakers have failed to hold unlicensed motorists accountable. Legislation to make it a class E felony to cause injury or death while driving without a license was rejected by the State Senate this year, and did not come to a vote in the Assembly. Another bill to require drivers with suspended licenses to surrender vehicle registrations and license plates did not get a vote in either chamber last session. As it stands, a $500 fine is the standard penalty for killing a New York City pedestrian while driving without a valid license.

Motorists have killed at least five New York City pedestrians in December, including a child and three seniors. In four cases, NYPD blamed the victim in the press. Last Friday a driver hit 64-year-old Gloria Ramiro as she crossed Third Avenue at 81st Street. She died from her injuries Monday. Police said Ramiro was “crossing mid-block,” according to DNAinfo. The driver was not charged.

To voice your concerns about neighborhood traffic safety directly to Deputy Inspector Joseph M. Gulotta, the commanding officer of the 67th Precinct, go to the next precinct community council meeting. The 67th Precinct council meetings happen at 8 p.m. on the third Thursday of the month at the precinct, 2820 Snyder Avenue. Call 718-287-2530 for information.

The City Council district where Joan Hale was killed is represented by Jumaane Williams. Motorists have killed at least three pedestrians in Williams’s district in 2014. To encourage Williams to take action to improve street safety in his district and citywide, contact him at 212-788-6859, JWilliams@council.nyc.gov or @JumaaneWilliams.

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Brooklyn DA Ken Thompson: $500 Fine for Unlicensed Driver Who Killed Senior

The driver who killed Brooklyn pedestrian Maude Savage was charged for failure to yield and driving without a license, but Brooklyn DA Ken Thompson did not charge him with criminal negligence under the "rule of two." Crash still via Daily News. Thompson image: NY1

The driver who killed Brooklyn pedestrian Maude Savage last year was charged for failure to yield and driving without a license, but Brooklyn DA Ken Thompson did not charge him with criminal negligence under the so-called “rule of two.” Crash still via Daily News. Thompson image: NY1

An unlicensed driver was sentenced to a small fine and probation after he ran over and killed a Brooklyn senior who was crossing with the right of way, per the terms of a plea deal with District Attorney Ken Thompson. Though the driver was charged with committing two traffic offenses at the time of the crash, he was not charged with criminal negligence under the so-called “rule of two.”

Maude Savage, 72, waited for the signal before entering the crosswalk at Sutter and Euclid Avenues last November 25. She was mid-way across the street when Robert Brown drove a commercial van into her. Video of the crash shows that Brown barely slowed as he made a left turn, leaving Savage no time to clear his path. She died from her injuries.

Brown was charged by then-DA Charles Hynes with 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. He was also ticketed for failure to yield to a pedestrian in a crosswalk, according to court records.

Theoretically, the crash that killed Maude Savage should have triggered the “rule of two,” 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 regularly cite the rule of two as an obstacle to charging motorists for killing, but routinely fail to bring charges after crashes involving two or more traffic violations. True to form, Hynes and Thompson did not upgrade charges against Brown.

Aggravated unlicensed operation is seemingly the default charge against unlicensed drivers who kill New York City pedestrians. It’s the same charge that is applied against unlicensed drivers who turn without signaling. In June 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 an unclassified misdemeanor with penalties including jail time, probation, and a fine of not less than $500. According to court records, Brown was sentenced last week to a $500 fine and two years probation.

As of August it is a misdemeanor for a driver to injure or kill a New York City pedestrian or cyclist who has the right of way. Motorists have killed at least 13 pedestrians since the law took effect, and NYPD has applied the law once.

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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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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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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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Unlicensed Driver Faces Wrist Slap After Killing Queens Cyclist William Faison

Tiffany Delcia Moore struck and killed William Faison at 228th Street and 120th Avenue in Cambria Heights last Friday. She was charged for driving without a license. Image: Google Maps

Tiffany Delcia Moore struck and killed William Faison at 228th Street and 120th Avenue in Cambria Heights last Friday. She was charged with driving without a license. Image: Google Maps

A motorist who was reportedly driving with a suspended license will likely get off with a slap on the wrist after she killed a cyclist in Queens last week.

Reports say William Faison, 53, was riding south on 228th Street in Cambria Heights at around 8:50 a.m. Friday when 26-year-old Tiffany Delcia Moore hit him with a Kia sedan as she drove west on 120th Avenue.

From the Post:

Craig Henley, a relative of Faison, ran to the scene.

“He tried to open his eyes to see me,” he said. “His mouth wasn’t moving. Then he started moving his mouth, like he was trying to breathe.”

Medics took Faison to Jamaica Hospital, but he couldn’t be saved. His brother Marcus went there to see his body and kissed his forehead, relatives said.

“He was a very good son. He took care of me,” Faison’s mother told the Post. “I don’t know how to feel. He was a loving son.”

The Post reported that Moore “collapsed in horror” after the crash, and “was not believed to have been speeding or on the phone.” She was charged with aggravated unlicensed operation.

“He would still be alive if she was not driving,” said Henley. “You do not drive on a suspended license.”

Aggravated unlicensed operation is a misdemeanor that stipulates that Moore drove without a license when she knew or should have known she didn’t have one. Third degree aggravated unlicensed operation is the default charge against unlicensed drivers who kill cyclists and pedestrians in NYC, and it’s the same charge police and prosecutors apply when an unlicensed driver turns without signaling. It carries a maximum penalty of 30 days in jail and a $500 fine.

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Is Killing Someone While Unlicensed Worse Than Turning Without a Signal?

After the death of Angela Hurtado, we wrote that aggravated unlicensed operation in the third degree is “a go-to top charge” for prosecutors when an unlicensed driver kills someone. But the story of Orlando Findlayter suggests it’s a catch-all for any traffic offense committed while driving without a license.

In case you missed it, Findlayter is a supporter of Mayor Bill de Blasio who was arrested Monday night in Brooklyn, after police reportedly stopped him for making a left turn without signaling and found that he did not have a valid license. Reports say Findlayter had two outstanding warrants, but the charge stemming from the traffic stop was third degree aggravated unlicensed operation — an unclassified misdemeanor that stipulates that he drove without a license when he knew or should have known he didn’t have one. It carries a maximum penalty of 30 days in jail and a $500 fine.

As in the Hurtado case, third degree aggravated unlicensed operation was the top charge against the drivers who killed pedestrians Maude SavageNicole Detweiler, Noshat Nahian, Rafael Diaz, Yolanda Casal, Laurence Renard, and Ibrihim Ahmed. In none of those cases was the driver charged with a more serious offense for causing a death.

Based on the charge against Findlayter, it appears that in the eyes of NYPD and city district attorneys, killing someone with a car merits the same penalty as failing to use a turn signal.

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Angela Hurtado, 68, Killed in Queens by Unlicensed Driver Making Illegal Turn

As NYPD ramps up enforcement against pedestrians who cross mid-block and against the signal, a funeral was held last week for a senior struck in a crosswalk by an accused unlicensed driver making an illegal turn.

Angela Hurtado, 68, was crossing Grand Avenue in Maspeth at around 11:00 a.m. on January 18 when 28-year-old Abel Tinoco made an illegal left turn onto Grand from 69th Place, hitting her with an SUV, according to published reports. She died hours later from head trauma.

Angela Hurtado. Photo via Queens Chronicle

Angela Hurtado. Photo via Queens Courier

Hurtado came to the U.S. from Ecuador when she was 21, according to the Queens Courier. She was a cancer survivor and was working as a housekeeper at 3 World Trade Center on 9/11. Along with area residents, Hurtado’s daughter Zoraya B. Torres said the family wants changes at the intersection where her mother was struck, to prevent another crash.

“My mom was a very humble woman, a good-hearted person and a loving mother,” said Torres. “It’s hard to believe that something so horrible could have happened to her.”

Court records say Tinoco was charged only with third degree aggravated unlicensed operation, an unclassified misdemeanor that carries a maximum penalty of 30 days in jail and a $500 fine. Tinoco’s license had been suspended since last October, according to the criminal complaint filed by Queens District Attorney Richard Brown. The complaint did not specify the cause of the suspension.

State Senator Michael Gianaris has introduced a bill to make it a class E felony  to cause serious injury or death while driving without a valid license, so long as the license was suspended or revoked for traffic offenses. A second bill would require drivers with suspended or revoked licenses to surrender their vehicle registrations and license plates. Gianaris held a press conference Sunday at Grand Avenue and 69th Place, calling on Albany lawmakers to pass the bills.

Since Tinoco was driving without a license and made an illegal left turn when he struck Hurtado, he should have been prosecuted for a more serious offense under the so-called “rule of two,” an arbitrary standard 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.

City district attorneys often cite the rule of two as an obstacle to filing charges when a motorist is reported to have broken one traffic law, such as running a stop sign, before killing a pedestrian or cyclist, yet prosecutors routinely fail to adhere to the rule when a driver is accused of breaking two or more traffic laws at the time of a fatal crash.

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