Relates to plea bargaining and personal court appearances by certain driver's license holders

Summary of provisions

Bill sections one and two amend sec. 1805 of the Vehicle and Traffic Law and sec. 170.10 of the Criminal Procedure Law to exclude inexperienced drivers (those with class DJ and MJ permits and licenses) from current provisions of law which permit persons charged with traffic violations to plead guilty by mail, or to appear solely by counsel. The new provisions effectively require such drivers so charged to personally appear in court. Bill section three amends sec. 170.10 of the Criminal Procedure Law to restrict plea bargaining when an inexperienced driver is charged with any of enumerated "serious traffic violations." The charge may be reduced only upon consent of the District Attorney and with the court setting forth on the record the basis for such a disposition. Bill section four sets the effective date.

Existing law

Current law (sec. 1805, Vehicle and Traffic Law) permits motorists charged with traffic infractions to waive personal appearance in court, and to enter a guilty plea by mail. Current law generally places no limitations on plea bargaining for traffic infractions. Effective September 1, 2003, a class DJ or MJ license or permit holder convicted of a "serious traffic violation" will receive an automatic 60-day suspension (sec. 510-c, Vehicle & Traffic Law as added by C.644, L.2002), but there are no limitations on plea bargaining below the "serious traffic violation" threshold.

Justification

This proposal was prompted by a tragedy which took place in Schenectady County in the spring of 2002. An inexperienced 17-year-old driver was arrested for speeding 83 mph in a 40 mph zone.

Under the law at that time, a conviction (for speeding more than 40 mph over the limit) would have resulted in 11 points and license suspension. The charge, however, was plea-bargained down to speeding 53 mph, resulting in only four points and a fine. A few weeks later, the same driver was speeding an estimated 60-80 mph on a similar country road, lost control of his car, and he and a 16-year-old friend were killed. Recognizing the over-representation of inexperienced drivers in accident and fatality statistics, the Legislature has acted to emphasize vehicle safety among these drivers. The Graduated Drivers License Law (C.644,L.2002), for example, will provide for a 60-day license suspension for inexperienced drivers convict~d of defined "serious traffic violations." There is nothing in that law, however, to prevent plea bargaining below that threshold, effectively negating the impact of the potential suspension. In addition to increased penalties for violations, the Legislature has sought to improve the education of inexperienced drivers by requiring additional supervised time behind the wheel and promoting best practices, such as safety belt usage. This proposal would require inexperienced drivers charged with traffic violations to personally appear in court, enhancing their understanding of the legal system as it applies to traffic matters and reinforcing their sense that their actions with driving may have specific consequences.

Legislative history

2008: A.5726; Held for consideration in Transportation 2007: A.5726; Referred to Transportation 2006: A.3704; Referred to Transportation 2005: A.3704; Referred to Transportation 2004: A.5660-A; Referred to Transportation 2004: A.5660; Amended and recommitted to Transportation 2003: A.5660; Held for consideration in Transportation

Fiscal implications

None.

Local fiscal implications

None.

Effective date

Ninety days after becoming a law, and applicable to violations occurring on or after that date.