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

Summary of provisions

Section 1: Establishes this act to be known as "Charlottes Law".

Section 2: Amends the title of Article 20 of the Vehicle and Traffic Law to state "suspension, revocation, and termination."

Section 3: Creates a new provision of the vehicle and traffic law to provide for the permanent revocation of the driving privileges of "persistent vehicle and traffic law violators." This provision defines a "persistent vehicle and traffic law violator" as one who has been convicted of any combination of three designated offenses within the previous 25 years.

Those designated offenses include: any driving while intoxicated and/or impaired offenses; the offenses in S 1146 regarding lack of care while operating a motor vehicle, which causes injury or serious injury; all degrees of the vehicular manslaughter/homicide offenses; manslaughter in the 1st or 2nd degree where such manslaughter is caused by the operation of a motor vehicle in violation of the vehicle and traffic law. This section required surrender of the license at such time. Further, this section allows for any authorized disposition and for the imposition of any other charges by any other provisions of law.

Section 4: In section 1146 of Vehicle and Traffic Law a violation of subdivision (b) or (c) of this section will be punishable by a class E felony, a fine of no more than $3,000, or imprisonment as provided by penal law.

Section 5: Reduces the number of suspensions (and the number of separate dates for those suspensions) from ten to six, which would make one eligible to be charged with aggravated unlicensed operation of a motor vehicle in the first degree. This section also adds the operation of a motor vehicle while under permanent revocation as a basis for the charge of aggravated unlicensed operation of a motor vehicle in the first degree. Further, this section requires permanent revocation of the license as an additional penalty for aggravated unlicensed operation of a motor vehicle in the first degree.

Section 6: Provides for an effective date of November 1, next succeeding enactment.

Existing law

Current law does not allow for such strict guidelines for those committing these specific crimes against pedestrians and cyclists.

Additionally, this Act creates incarceration, revocation of driving with these strict guidelines, it deterrents will reduce the number of a more severe punishment than privileges and vehicle ownership is expected that additional traffic violations and accidents.

Justification

Charlotte Gallo, a senior 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 history of being a persistent violator of vehicle and traffic laws including a previous accident resulting in personal injury. Another Schenectady woman has been charged with a DWI eight times, and recently received another conviction, and after jail time, she will be able to operate a motor vehicle upon leaving incarceration.

These "chronic reckless drivers" are a danger to the public and need to understand that their actions have consequences, and these consequences should not only be the people they hurt, but the punishment they receive. When an individual places the lives of those around them in danger, the penalty for doing so should be harsh so that these people do not recommit this crime. If they chose to do so, New York State should take steps in assuring that it never happens again.

Driving is a privilege and not a right. Those who are so cavalier as to repeatedly break the law through their dangerous driving should no longer be given the privilege of driving in New York.

Legislative history

2014: A6341; introduced 02/04/2014 print number 6341a 02/04/2014 amend and recommit to transportation 2014: S6626; introduced, referred to transportation

Local fiscal implications

To be determined, though, strict enforcement of penalties and fines will create additional revenues for municipalities.

Effective date

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