Mayor De Blasio’s ‘Vision Zero’ campaign aims for zero traffic related deaths within ten years. The campaign focuses particularly on pedestrian fatalities resulting from traffic accidents.

http://pix11.com/2014/01/15/mayor-de-blasio-launches-vision-zero-program-aimed-at-preventing-pedestrian-fatalities/#axzz2sI0z3H6l

All road users need to keep in mind while contemplating the changes being implemented as part of the Mayor’s initiative that not only could death and serious injury occur as a result of one’s driving, but those who cause accidents (both fatal and non-fatal) could also face a multitude of very serious criminal charges.

The most serious charges relating to vehicular accidents are contained in the New York Penal Law (‘NYPL’). These include assault, vehicular assault, criminally negligent homicide, aggravated criminally negligent homicide, vehicular manslaughter, and aggravated vehicular homicide.

Vehicular Manslaughter Defense Attorneys explains New York vehicular injury charges

NYPL §120.10(3) sets out the assault provision relating to use of a vehicle: a person is guilty of assault in the first degree when under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to another person. Driving with a “depraved indifference to human life” could include deliberately driving at high speed down the wrong lane or direction of traffic, for example.

NYPL §120.03 and 120.04 set out the offenses of vehicular assault, in the second and first degree (respectively). Each offense has several sub-sections. Vehicular assault in the second degree can be made out if an individual causes serious injury to another person: while driving a motor vehicle under the influence of drugs and/or alcohol; operates a motor vehicle weighing more than 18,000 pounds containing flammable gas, radioactive materials or explosive (which then cause the injury) while under the influence of alcohol; operates a snowmobile or all-terrain vehicle (‘ATV’) on a street, highway, public trail, or private property of another while under the influence of drugs and/or alcohol. Vehicular assault in the second degree is a class E felony, and anyone charged under this section faces four years imprisonment. Vehicular assault in the first degree can be made out if an individual causes serious injury to another person while committing vehicular assault in the second degree and has either: a blood alcohol level of more than 0.18; with the knowledge that their license is suspended or revoked based on either a conviction for driving under the influence of drugs and/or alcohol, or a failure to submit to testing for such; has a conviction for driving under the influence of drugs and/or alcohol within the previous ten years; causes serious injury to more than one person, has a previous conviction under §125 involving the operation of a motor vehicle; or commits such a crime with a child under the age of fifteen years as a passenger who is injured as a result. Vehicular assault in the first degree is a class D felony, and anyone charged under this section faces seven years imprisonment.

NYPL §125.10 sets out the offense of criminally negligent homicide: a person is guilty of criminally negligent homicide when, with criminal negligence, they cause the death of another person. NYPL §15.05(4) defines criminal negligence as: a person acts with criminal negligence with respect to a result or to a circumstance described by a statute defining an offense when they fail to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature a degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. Criminally negligent homicide is a class E felony, and anyone charged under this section faces four years imprisonment.

NYPL §125.11 sets out the offense of aggravated criminally negligent homicide: a person is guilty of aggravated criminally negligent homicide when, with criminal negligence, they cause the death of a police officer or peace officer where such officer was in the course of performing their official duties and the defendant knew or reasonably should have known that such victim was a police officer or peace officer. Aggravated criminally negligent homicide is a class C felony, and anyone charged under this section faces fifteen years imprisonment.

NYPL §125.12 and 125.13 set out vehicular manslaughter in the second and first degree (respectively). Vehicular manslaughter is made out when an individual causes the death of another in the same circumstances as set out above relating to vehicular assault in the second degree. Vehicular manslaughter in the second degree is a class D felony, and anyone charged under this section faces seven years imprisonment. Vehicular manslaughter in the first degree is made out when an individual causes the death of another in the same circumstances as set out above relating to vehicular assault in the first degree. Vehicular manslaughter in the first degree is a class C felony, and anyone charged under this section faces fifteen years imprisonment.

NYPL § 125.14 sets out the offense of aggravated vehicular homicide is a more complicated offense, which involves a driver being under the influence of drugs and/or alcohol, while committing vehicular manslaughter in the second degree, and one of the circumstances as set out above relating to vehicular assault in the first degree, (or the additional circumstance of causing the death of one person and serious physical injury to at least one other person). Aggravated vehicular assault is a class B felony, and anyone charged under this section faces twenty-five years imprisonment.

Depending on the severity of the incident, individuals could even more serious charges, such as manslaughter in the second degree, as set out in NYPL §125.15(1): a person is guilt of manslaughter in the second degree when they recklessly cause the death of another person. ‘Recklessness’ is defined in §15.05 (3) as: when a person is aware of and consciously disregards a substantial and unjustifiable risk. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly. Manslaughter in the second degree is a class C felony, and anyone charged under this section faces fifteen years imprisonment.

The lesser charges that an individual could face after having been involved in a traffic accident including leaving the scene of an accident, and reckless driving. These are both contained within the NewYork Vehicle and Traffic Law (‘VTL’).

VTL § 600 sets out the offense of leaving the scene of an accident. This offense is split into accidents resulting in property damage, and accidents resulting in personal injury. With regards to property damage (whether to real or personal property) as a result of the operation of a motor vehicle, as set out in sub-section (1): failing to stop, exhibit your license and insurance identification card for your vehicle, and give your name, address, insurance provider and identification information including but not limited to number and expiry dates, as well as license number, person sustaining the damage (or in their absence, as soon as physically possible to the nearest police station or judicial officer) is a traffic infraction. Anyone charged under this section faces a fine of $250 and/or imprisonment for fifteen days. With regards to personal injury, as a result of the operation of a motor vehicle, is required under sub-section (2) to provide the same information as listed above to the injured party if practical, and also to a police officer. If there is no police officer on the scene, the driver must report to accident as soon as physically possible to the nearest police station of judicial officer. Depending on the particular violation of this sub-section, individuals charged face different penalties. If the violation is the result of a failure to show one’s license or insurance identification, or exchange any of the required information, this is a class B misdemeanour, and anyone charged under this section faces a fine of $250-500. Any subsequent violation of the same nature is a class A misdemeanour, and anyone charged under this section faces a fine of $500-1000 in addition to possible imprisonment. Any such violation of a person with a previous conviction for the same is a class E felony, and anyone charged under this section faces a fine of $1000-2500 in addition to possible imprisonment. Any violation other than a mere failure to produce one’s license or insurance identification card in which personal injury of a serious nature results is a class E felony, and anyone charged under this section faces a fine of $1000-5000 in addition to possible imprisonment. The same scenario as the latter, resulting in death (instead of serious personal injury) is a class D felony, and anyone charged under this section faces a fine of $2500-5000 in addition to possible imprisonment.

VTL §1212 sets out the offense of reckless driving: driving or using any motor vehicle, motorcycle or any other vehicle in a manner which unreasonably interferes with the free and proper use of a public highway, or unreasonably endangers users of a public highway. Violation of this section is a misdemeanour, and can result in a fine and/or imprisonment.

It is worth noting that defendants often face all possible charges relating to a fatal traffic accident. In the 1999 case of People v Hart, the defendant (whose son was killed in a collision with another vehicle) was found guilty of manslaughter in the second degree, vehicular manslaughter in the first degree, reckless driving, careless reckless and negligent operation of an ATV, operating an unregistered ATV, operating an ATV on a highway, and operating an ATV without a helmet.[1] The defendant had originally been charged with 14 counts of driving related offenses. The defendant was sentenced to 15 years imprisonment (and as such, assuming the defendant served the entirety of his sentence, he should be being released from prison sometime this year).

If you or a loved one are facing serious criminal charges arising out of a traffic accident in which death or serious injury resulted, you should contact an experienced criminal defense attorney to assist with their case. We suggest you contact the aggressive former prosecutors at the Law Office of Matthew Galluzzo to set up an appointment.

[1] People v Hart 266 A.D.2d 698 (Appellate Division, 3d Dept, 1999).

The text of the statute is as follows:

Aggravated Unlicensed Operation Motor Vehicle – 3rd Degree
511. Operation while license or privilege is suspended or revoked; aggravated unlicensed operation.

1. Aggravated unlicensed operation of a motor vehicle in the third degree.

• A person is guilty of the offense of aggravated unlicensed operation of a motor vehicle in the third degree when such person operates a motor vehicle upon a public highway while knowing or having reason to know that such person’s license or privilege of operating such motor vehicle in this state or privilege of obtaining a license to operate such motor vehicle issued by the commissioner is suspended, revoked or otherwise withdrawn by the commissioner.
• Aggravated unlicensed operation of a motor vehicle in the third degree is a misdemeanor. When a person is convicted of this offense, the sentence of the court must be:
  • a fine of not less than two hundred dollars nor more than five hundred dollars; or
  • a term of imprisonment of not more than thirty days; or
  • both such fine and imprisonment.
• When a person is convicted of this offense with respect to the operation of a motor vehicle with a gross vehicle weight rating of more than eighteen thousand pounds, the sentence of the court must be:
  • a fine of not less than five hundred dollars nor more than fifteen hundred dollars; or
  • a term of imprisonment of not more than thirty days; or
  • both such fine and imprisonment.

You may hold a valid driver’s license from another state, but that does not matter from New York’s perspective. For example, if a person with a New Jersey license receives parking tickets or speeding tickets on New York territory and fails to pay those tickets, for that New Jersey person’s privilege to drive in New York could be suspended, thus making it illegal for that person to drive in New York even if his New Jersey license is perfectly valid in New Jersey.

One’s licenses can be suspended for a wide variety of reasons. Unpaid speeding tickets are the most common reason, but letting one’s insurance lapse or failing to pay child support can also result in a suspension or revocation. Sustaining an arrest or conviction for DUI/DWI or drugs can also trigger a suspension of driving privileges in certain cases. The prosecution typically proves that a defendant knew that his/her license was suspended by either getting an admission from the defendant during his arrest or by showing that the notice was sent by the DMV to the proper address, but can also use other techniques and evidence.

Fortunately, in our experience, if the defendant in an Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree case does not have a serious criminal record (or none at all) and has not previously been arrested or convicted for a traffic-related crime, the prosecution will allow the defendant to plead guilty to a non-criminal violation such as Unlicensed Driving (Vehicle and Traffic Law Section 509) with a fine upon first demonstrating that the problems with the DMV have been resolved – i.e. the appropriate fines and tickets have been paid.

If you or a loved one have been arrested or issued a Desk Appearance Ticket for Aggravated Unlicensed Operation of a Motor Vehicle, you should strongly consider contacting an experienced criminal defense attorney immediately. In particular, an experienced attorney may be able to help you put yourself in a position to resolve the case favorably at your first court appearance; on the other hand, showing up unprepared and without an attorney virtually guarantees that you will have to make multiple court appearances to take care of the matter in a satisfactory way.

The basic component or “elements” of alcohol and drug related driving offenses are the following: (a) operation of a motor vehicle or vessel, (b) on a public highway or the waters of the State, (c) while in an impaired or intoxicated condition at the time of such operation, (d) due to the voluntary consumption of alcohol or drugs.

You might be surprised to learn that a person is deemed to “operate” a motor vehicle if he/she is behind the wheel while the engine is running. As such, there is no requirement that the person charged be observed “driving” the vehicle in the traditional sense that the vehicle be observed in motion. The law is clear that “operation” of a motor vehicle is established where there is a “present intention” of placing the vehicle in operation. Courts have found that people who are asleep at the wheel of a parked car with a key in the ignition and the engine running “operated” a vehicle for purposes of a DWI charge. In fact, courts have upheld convictions where drivers were asleep or unconscious at the wheel of vehicles which were parked in their own driveways as they were deemed to have operated a vehicle on a “public highway” – public highway including highways, private roads open to motor vehicle traffic, parking lots, and even driveways to residences.

As you can see from the summary of charges below, DWI offenses are very serious, and they carry severe penalties and consequences. If you or someone close to you has been accused of driving while impaired or intoxicated, contact an experienced criminal attorney immediately.

Some of the more common drinking and driving offenses:

VTL § 1192.1: “Driving while ability impaired.” This section states that no person shall operate a motor vehicle while the person’s ability to operate such motor vehicle is impaired by the consumption of alcohol. “Impairment” means impairment to any extent of the physical and mental abilities needed to be possessed in order to operate a vehicle as a reasonable and prudent driver.

Penalties: This is the least severe of the DWI charges as it is a traffic infraction (not a crime) which is punishable by up to 15 days in jail, and/or a fine of $300-$500, and 90 day license suspension for first time offenders. Second offenders face up to 30 days in jail and increased fines and license revocation for 6 months, while third time offenders face up to 90 days in jail, as well as increased fines and 6 month license revocation.

VTL § 1192.2: “Driving while intoxicated, per se.” This section states that no person shall operate a motor vehicle while such person has .08 per centum or more by weight of alcohol in the person’s blood* as shown by chemical analysis of such person’s blood, breath, urine or saliva.

Penalties: first time offenders convicted under this section face up to one year in jail, and/or a fine of $500-$1000 and a mandatory license revocation of six months. The law may also require that an ignition interlock device be placed on any vehicle operated by the defendant for a specified period of time.

*Note: If a person has .18 of one per centum or more by weight of alcohol in their blood, they may be charged with aggravated driving while intoxicated, a misdemeanor which carries up to one year in jail and a fine of $10,000-$25,000.

VTL § 1192.3: “Driving while intoxicated (common law).“ This section states that no person shall operate a motor vehicle while in an intoxicated condition, meaning the consumption of alcohol has caused impairment which renders that person incapable, to a substantial extent, of employing the physical and mental abilities which are needed to be possessed in order to operate a vehicle as a reasonable and prudent driver. There is no requirement that a person submit to a breathalyzer test for a charge under this section to apply.

Penalties: This is a class “A” misdemeanor which carries up to one year in jail and/or a fine of $500-$1,000, and a mandatory license revocation of six months.

VTL § 1192.4: “Driving while ability impaired by drugs.” No person shall operate a vehicle while the person’s ability to operate such a motor vehicle is impaired by the use of a drug.

Penalties: This is a class “A” misdemeanor for first time offenders, which carries up to one year in jail and/or a fine of $500-$1,000 and mandatory license revocation of 6 months.

Felony DWI: A person who operates a vehicle in violation of § 1192.2, 1192.3 or 1192.4 can be charged with a class E felony if he or has been previously convicted of any DWI misdemeanor, vehicular assault or vehicular manslaughter within the preceding ten years*.

Penalties: As a class “E” felony, incarceration of up to 4 years may be imposed, as well as a fine of $1,000-$5,000, and mandatory license revocation for 1 year.

*If a person has two such prior convictions, they may be charged with a class “D” felony which carries up to 7 years in jail and higher fines.

“Lenadra’s Law”: Under Leandra’s Law, first time offenders driving while intoxicated or impaired by drugs who have a child passenger younger than sixteen years old can be charged with a class E felony which is punishable by up to 4 years in jail. Intoxicated drivers or those under the influence of drugs who cause the death of a child younger than 16 in the car can be charged with a Class B felony, which is punishable by up to 25 years in prison. If such a driver causes serious physical injury to a child in their vehicle, they can be charged with a Class C felony,which is punishable by up to 15 years in prison.

New York motorists can have their driver’s licenses suspended for a variety of reasons, including unpaid parking or traffic tickets, conviction for a controlled substance offense, unpaid child support, or other reasons. What many fail to realize is that once a person is “on notice” of the suspension, it is a misdemeanor to drive a vehicle which can result a sentence of jail, probation, a fine, and a criminal record.

The statute reads, in pertinent part, as follows:

§ 511. Operation while license or privilege is suspended or revoked; aggravated unlicensed operation. 1. Aggravated unlicensed operation of a motor vehicle in the third degree. (a) A person is guilty of the offense of aggravated unlicensed operation of a motor vehicle in the third degree when such person operates a motor vehicle upon a public highway while knowing or having reason to know that such person’s license or privilege of operating such motor vehicle in this state or privilege of obtaining a license to operate such motor vehicle issued by the commissioner is suspended, revoked or otherwise withdrawn by the commissioner. (b) Aggravated unlicensed operation of a motor vehicle in the third degree is a misdemeanor. When a person is convicted of this offense, the sentence of the court must be: (i) a fine of not less than two hundred dollars nor more than five hundred dollars; or (ii) a term of imprisonment of not more than thirty days; or (iii) both such fine and imprisonment.

If you are pulled over for a minor traffic infraction, such as expired tags or a broken tail-light and have such a suspension, you can quickly find yourself under arrest, jailed for 24 hours or more, and facing a permanent criminal record. Before you or your loved one goes to court or sees a judge when facing such a charge, it is important that you consult with experienced vehicle and traffic law criminal attorneys.