The cab driver who killed Cooper Stock is scheduled to be back in court in two months, thanks to what Stock’s mother Dana Lerner termed “inept” handling of the case by Manhattan District Attorney Cy Vance’s office.

Meanwhile, Koffi Komlani’s apparent defense — that weather was to blame for the crash — is the same excuse Manhattan prosecutors gave Lerner for not pursuing a criminal case.

Komlani went before a judge this morning to answer a summons for careless driving, the only charge issued to him after the January crash. Though Komlani hit both Cooper and his father, Richard Stock, as they crossed an Upper West Side street in the crosswalk with the right of way, Vance filed no criminal charges.

Today prosecutors added a summons for failure to yield. Komlani is fighting the tickets, so the case was continued. By the time Komlani is back in court to contest the two traffic summonses, it will have been 13 months since the crash.

Lerner released a statement today, via Transportation Alternatives:

Obviously a failure to yield violation should have been issued to the driver who killed my son, Cooper. It is unbelievable that the ticket was not presented to the driver at the scene when he killed Cooper. My persistence has led to heightened attention to the need for justice in this case — it should not be up to the loved ones of victims to ensure that the justice system does its job. Now my family must endure even more heartache as we wait for February when the driver will be in court again related to this long-overdue charge. Both the NYPD and the district attorney, at the very least, owe me a public explanation for this wrong-doing.

“They’re just so inept,” Lerner told the Post, referring to Vance’s office.

Careless driving carries a maximum penalty of up to 15 days in jail, a fine of up to $750, a license suspension of up to six months, and a drivers’ ed course. The minimum is no penalty. Outside the courtroom, Komlani’s attorney Raymond Colon said Vance has offered Komlani a license suspension and a fine.

Colon said there is video of the crash, but neither he nor Komlani have seen it. “It was dark,” Colon said. “The weather may have been a little inclement, and there may have been a lot of traffic.”

Lerner told Streetsblog during an interview last summer that, in one of their early meetings, a Vance ADA said it would be difficult to make a case against Komlani because “it was raining” at the time of the crash.