PRESS RELEASE

For Immediate Release:

January 10, 2005

Testimony of District Attorney Daniel M. Donovan, Jr.
before the New York City Council Committee on Public Safety Regarding Proposed Resolution No. 338-A

Chairman Vallone, and Members of the Committee, please accept my sincere thanks for the invitation to testify before the Committee on Public Safety on an issue of vital importance to the people of my borough and the entire City of New York.

Since I assumed the office of Staten Island’s District Attorney last January, probably the most difficult part of my job has been to sit with parents after the death or serious injury of their child at the hands of a driver who should not have been behind the wheel of a car. Two such families are those of Brianna Gioia and Michael Vasquez-Moore.

In January 2003, fourteen year old Brianna was a passenger of a car driven by an unlicensed driver. She was killed when the driver of the vehicle she was in lost control and veered into a gulley and into oncoming traffic. The driver could only be charged with the misdemeanors of driving without a license and endangering the welfare of a child. The driver subsequently plead guilty to a misdemeanor, and received a conditional discharge, a fine, and community service. Not having learned her lesson, this September, the same driver was arrested for DWI and driving without a license. While several parked cars were hit, fortunately no one was injured - this time. The case is currently pending in Criminal Court.

Just as tragic a story involves eleven year old Michael Vasquez-Moore. Like many children his age, Michael was enjoying a beautiful summer evening when he was struck and killed by a driver while crossing the street. The driver who struck Michael was driving without a valid driver’s license. Her license to drive had been suspended 15 times and was revoked twice. Under current law, the only crime that she could be charged with was the misdemeanor charge of driving without a license. The case against the driver was later dismissed when a judge could not determine whether or not she was properly notified that her license was suspended by the Department of Motor Vehicles.

The Foundation for Traffic Safety has reported that drivers who drive while their license is suspended or revoked are the highest group for causing accidents, deaths injuries and property damage. Such drivers are five-times more likely to be involved in a fatal crash than drivers with a valid license.

Clearly, something must be done to strengthen the law regarding these “Deadly Drivers.”

Those who we deem “deadly drivers” are people who drive while intoxicated, those with a suspended or revoked license, or drivers who have no license at all. No one in this category of lawbreakers ought to be on our roads yet I see volumes of such cases in the daily arrests I review each morning. It is certain that there are hundreds more of these violators on our roads at any time.

As it stands now, New York law does not protect us from these deadly drivers. Under current law, when their actions result in the death or serious injury of an innocent person, unless there is proof of further negligence or recklessness, the most serious charge a drunk driver can face is a misdemeanor, and, in the case of a person driving with a suspended, revoked, or no license, very often the most these drivers will be charged with is a traffic infraction.

In an effort to address the inadequacy of our existing law, several months ago I convened a meeting with the members of my borough’s legislative delegation and family members of Brianna & Michael. Much of our discussion concerned Governor George Pataki’s proposed “Deadly Driver” legislation that will close these loopholes by amending the existing law of vehicular assault and vehicular manslaughter so that deadly drivers can be properly charged for the harm they have caused. We felt in our hearts that current law often results in great injustice. There is too great a disparity between the low level of the legal violation and the ultimate loss incurred--that of a human life.

When someone unlawfully fires a weapon, sending a bullet into motion, they are responsible for all of the consequences of their actions, even if they did not intend to injure anyone. If someone is struck with that bullet, that shooter will be charged with the assault or death of the unintended victim. No other negligence or reckless behavior need be proven. The discharge of the weapon is the negligent act. This should also be the law when someone drives when the law prohibits them from doing so. Sending a two thousand pound car into motion can be a deadly instrumentality when it is operated by someone who should not be driving. No further proof of criminality should be required. If such a driver takes the wheel, he or she should be held responsible for all of the consequences of their actions, including the death or injury of another person.

As a new session of the state legislature is poised to begin its deliberations in Albany, it is time to end the continual gridlock and approve the “Deadly Driver” legislative package. It’s time to end the free ride for New York’s deadly drivers.

I believe that the Council’s adoption of this proposed resolution is a step in the right direction.