Establishes the crime of aggravated reckless driving

9 Co-sponsors

• Tony Avella
• Kemp Hannon
• Owen H. Johnson
• Liz Krueger
• William J. Larkin Jr.
• Jack M. Martins
• George D. Maziarz
• Suzi Oppenheimer
• James L. Seward

BILL NUMBER:S3452

Title of bill

An act to amend the vehicle and traffic law, in relation to reckless driving and establishes the crime of aggravated reckless driving

Purpose

The purpose of this bill is make stiffer the penalties for reckless drivers.

Summary of provisions

Section 1 amends Section 1212 of the Vehicle and Traffic Law (reckless driving), raising the classification of reckless driving from an unclassified misdemeanor to a class A misdemeanor.

Section 2 creates a new section of the Vehicle and Traffic Law, Section 1212-a, aggravated reckless driving.

Existing law

Presently, reckless driving is an unclassified misdemeanor.

Justification

This bill recognizes that certain actions taken by motor vehicle operators rise above the level of simple recklessness. By increasing the penalty for certain egregious acts of reckless driving, this bill hopes to deter such acts; however, for individuals who choose to continue to engage in such reckless behavior, this bill provides a more appropriate penalty.

The bill creates a new section in the Vehicle and Traffic Law entitled aggravated reckless driving. A driver engaging in any of the following acts would be guilty of aggravated reckless driving: operating in a manner that creates a grave risk of death; knowingly or through intoxication driving against the flow of traffic; driving 30 or more miles per hour above the posted limit while intoxicated or impaired; driving 30 or more miles per hour above the posted limit while racing another vehicle, or; driving 30 or more miles per hour above the posted limit and weaving in and out of traffic. Aggravated reckless driving would be a class E felony.

While addressing a number of issues concerning reckless driving, of particular importance is the subsection dealing with wrong-way driving. In the past three months alone on Long Island, there have been at least 18 incidents of wrong-way driving, most involving the use of alcohol and/or drugs. This bill addresses this issue specifically, providing a further tool for prosecutors in charging drivers that knowingly or through intoxication proceed the wrong-way on a roadway and cause significant risk of death or injury to other motorists.

Legislative history

New bill.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

First of November next succeeding the date on which it shall have become law.