Testimony of Chauncey G. Parker
Director of Criminal Justice, State of New York
Before the Assembly Committee on Dangerous Driving

January 21, 2004

Good morning, I am Chauncey Parker, the New York State Director of Criminal Justice.

Thank you Chairman Lentol and Chairman Gantt and distinguished members of the Codes and Transportation Committees for the opportunity to discuss the Governor's five-point plan for reducing needless deaths and serious injuries caused by dangerous drivers in the State of New York.

These hearings in Albany and New York City further underscore the need to effectively improve traffic safety.

In New York State the number of fatal and serious personal injury accidents per 100 million miles traveled on interstates and highways are at their lowest level since 1973. Additionally, New York State at this time has the lowest level of personal injury accidents of any state in the nation.

Over the past nine years, New York State has improved highway safety through education and enforcement initiatives, including:

The creation of one of the nations most comprehensive programs aimed at drinking and driving;
The promotion of child passenger safety restraint usage;
The enactment of stiffer penalties on aggressive drivers; and
The implementation of the "Buckle Up New York" campaign.
But we can do more.

According to the New York State Department of Motor Vehicles, in 2001 there were 1,554 traffic fatalities, of which 358 were pedestrians.

The Division of Criminal Justice Services noted in 2001 that 6 percent of all fatal accidents involved drivers who were later arrested for leaving the scene of a fatal accident.

The Department Motor Vehicle noted that in 2001 there were nearly 260,000 non-fatal personal injuries in New York State. Over 17,000 of those injured were pedestrians and over 15,000 were injured in New York City.

We are repeatedly reminded of the immeasurable pain and suffering caused by dangerous drivers. Just a little over a week ago Peter Hornbeck, a 26-year-old aspiring teacher, was killed in a hit-and-run crash on Park Avenue in Manhattan.

After killing Hornbeck, the driver boarded a bus to Atlantic City and went to a casino. He was eventually captured. However, under current law, the driver, who had a suspended license, could be only charged with leaving the scene of a fatal accident, which is an E felony -- the lowest level felony -- and carries only a maximum penalty of 1 1/3 to 4 years in prison.

On October 5, 2002, a hit and run driver seriously injured 12-year-old Darlene Fousse, while she was walking on Chili Avenue in the town of Gates in Monroe County. Darlene, who suffered a brain stem injury, was in the hospital for eleven weeks.

According to the Gates Police Department, the driver of the car had more than a dozen suspensions on his license. When he was arrested after a two-week investigation, under current law, he could only be charged with leaving the scene of a personal injury accident and unlicensed operation of a motor vehicle. Again, the highest charge was only an E felony.

When you see the reports of the horrible tragedies involving Peter Hornbeck, Darlene Fousse and the cases we heard today of Michael Slater and Kevin O'Connor it makes it quite plain that our traffic safety laws are not tough enough.

Two weeks ago in his State of the State address, the Governor called for passage of the Pena-Herrera DWI Omnibus Bill and a five-point plan that includes tougher penalties for drunk driving and other related crimes.

Under the Governor's five-point plan, the Governor seeks to eliminate the requirement of proof of criminal negligence for deadly and dangerous drivers in appropriate cases.

Current law fails to adequately punish drivers who flagrantly violate Vehicle and Traffic Laws -- drunk driving, speeding, refusing to obey traffic signals - and cause the tragic death or serious injury of another person.

It truly shocks the conscience that in New York State a drunk driver with a blood alcohol content two, three or four times the legal limit that kills someone can only be charged with a misdemeanor - the same as a shoplifter - absent additional proof of gross negligence.

The Governor's proposal will remove the requirement of proof of criminal negligence when:

The driver was under the influence of drugs and/or alcohol;
The driver's license was suspended or revoked;
The driver had violated the Vehicle and Traffic Law and had two or more prior Vehicle and Traffic Law violations in the last 18 months;
The driver was fleeing a police officer; or
The driver is a repeat offender who commits any level of Vehicular Assault or Vehicular Manslaughter and has previously been convicted of such crimes.
Secondly, the Governor's plan will increase penalties for drivers who cause serious injury or death.

Current law does not provide for a more severe punishment for a driver who kills or seriously injures more than one victim.

For example, on August 4, 2001, Officer Joseph Gray, a drunk driver, tragically killed the Herrera family in Sunset Park in Brooklyn. Despite the fact that Officer Gray was convicted of killing four people, current law did not allow the judge to impose consecutive sentences.

It is unjust that a drunk driver who kills or seriously injures more than one person faces no greater penalty than a drunk driver who kills or seriously injures one person. This punishment is inadequate and fails to recognize the value of each victim as an individual.

Our judges must be given the discretion to sentence such offenders to the sentences they deserve.

The Governor's plan also calls for raising the offense level of crimes in which a driver kills or seriously injures another person.

Thus, a deadly driver could face a maximum sentence of 8 1/3 to 25 years in prison upon conviction of Vehicular Manslaughter in the first degree.

Third, the Governor's plan will increase the penalties for deadly hit-and-run drivers. Existing law punishes drivers who flee the scene of a deadly accident as only an E felony. There have been reported incidents where an intoxicated driver fled the scene of a collision so as to avoid submitting to a breathalyzer test.

The Governor's bill will enhance the penalty for fleeing the scene of a deadly crash to a class D felony, which carries a maximum prison sentence of up to 7 years. Drivers who flee the scene after a deadly crash must be adequately deterred and punished.

Additionally, unlike the current law, under the Governor's bill the driver's license will also be automatically suspended when an individual is charged with leaving the scene of an accident that results in serious physical injury or death.

For example, on November 13, 2003, Dominick and Teresa DiMarinis were fatally injured when another driver struck their car at Columbia Avenue and Fingerboard Road in Staten Island.

The driver, John Matthews, left the scene of the accident. When he was arrested by police the next day, he could only be charged with leaving the scene of an accident and driving with a suspended license.

Fourth, the Governor seeks to crack down on unlicensed drivers at the earliest possible time before they cause a fatal crash.

Reports from law enforcement officials indicate that a large number of drivers whose licenses have been suspended or revoked falsify DMV records so as to avoid penalties and attempt to obtain a new license under another name.

Under current law, such drivers may escape detection because these individuals are not fingerprinted.

Here is an example to illustrate the problem: On August 30, 2003, Donna Morgan was killed when a hit and run driver, driving without his headlights on, sped through a stop sign on 226th Street in Queens and slammed into Morgan's car.

The hit and run driver, Shandu Marks, continued to drive on and struck a telephone pole before fleeing his vehicle. Police pursued Marks and arrested him two blocks from the fatal accident. Following his arrest, police discovered that Marks drivers' license had been previously suspended 20 times.

The Governor's legislation will allow judges to crack down on aggravated unlicensed drivers and help prevent these terrible tragedies by increasing penalties for unlicensed driving.

The Governor's legislation will also allow police to fingerprint individuals, such as Shandu Marks, and enable the police to get dangerous drivers like him off the road sooner and for a longer period of time.

Fifth, the Governor seeks to revoke the licenses of drivers who kill or injure others.

Under existing law, driver license revocation is discretionary and only occurs after conviction in a deadly crash.

Further, the Governor's bill will require mandatory license revocation for drivers who kill or seriously injure another person.

The legislation will also require drivers to successfully complete a DMV-approved accident prevention course prior to issuance of a new license.

In conclusion, the Governor's tough and common sense five-point plan will help protect New Yorkers from deadly and dangerous drivers.

Thank you for your time and I very much look forward to working together to make New York's roadways the safest they can possibly be.