Enacts "Charlotte's Law" relating to the permanent termination of licenses of persistent vehicle and traffic law violators

Summary of provisions

Section 1 provides that this act shall be known and may be cited as "Charlotte's Law."

Section 2 amends the heading for Article 20 of the Vehicle and Traffic Law to reference the "termination" of licenses.

Section 3 adds a new Section 510-d to the Vehicle and Traffic Law to provide for the permanent revocation of the driving privileges of "persistent vehicle and traffic law violators." This new section defines a "persistent vehicle and traffic law violator" as a person who has been convicted of any combination of three designated offenses within the previous 25 years. These designated offenses include:

- offenses defined in section 1192 VTL (operating a motor vehicle while under the influence of alcohol or drugs); - offenses defined in section 1192-a VTL (the operation of a motor vehicle by a person under the age of 21 after having consumed alcohol); - violations of section 1146(b) or (c) VTL (causing physical injury to a pedestrian or bicyclist while failing to exercise due care); - vehicular manslaughter in the first or second degree; - aggravated vehicular homicide; and - manslaughter in the first or second degree in which the death was caused by the offender's operation of a motor vehicle in violation of the Vehicle and Traffic Law.

Section 4 adds a new subdivision (e) to section 1146 VTL (regarding failure to exercise due care) to provide that a third violation within 25 years shall constitute a Class E felony, punishable by imprisonment and/or a fine, as well as by the permanent termination of driving privileges.

Section 5 amends 511(3) VTL to expand the crime of aggravated unlicensed operation of a motor vehicle in the first degree to include the operation of a motor vehicle while under permanent termination of a license. In addition, this crime is currently defined to apply in cases where a person is driving without a license while having in effect ten or more separate suspensions -- this bill would lower the number of suspensions to six.

Existing law

Although State law indicates that drivers may be subject to a "permanent" revocation of their driver's license, this action is not necessarily 'permanent," as violators can -- and often do -apply and get their license reissued.

Justification

There continue to be numerous fatalities and accidents in New York State which are caused by persons who have had their driver's licenses suspended or revoked on multiple occasions, yet are able to keep getting their licenses renewed.

Charlotte Gallo, a senior citizen from Schenectady, New York, was killed by a truck speeding through an intersection near Proctor's Theatre on January 2, 2010. Charlotte was leaving Proctors after a night of volunteering for the organization. The individual driving the truck had a long record of violating the vehicle and traffic laws, including a previous accident resulting in personal injury. In another local case, a Schenectady woman has been charged with DWI eight times and recently received another conviction. Nevertheless, after finishing her jail time, she may be able to once again get a driver's license.

These are just two of numerous examples that occur throughout the State. These chronic, reckless drivers are a danger to the public and need to understand that their actions have consequences. This legislation seeks to break the cycle in which such persons continually have their licenses revoked and then reissued. This legislation makes it clear that the driver will face permanent consequences for committing repeated serious violations. Driving is a privilege, and those who are so cavalier as to repeatedly break the law through their dangerous driving should be kept off the road and no longer given the privilege of driving in New York.

Fiscal implications

This bill is not expected to have a direct impact on the state budget.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become law.