Tougher Penalties for Unlicensed Drivers Who Hurt and Kill People Now in Carl Heastie’s Hands

A bill to make it a felony to cause injury or death while driving without a valid license has passed the State Senate. Assembly Speaker Heastie can get it to Governor Cuomo's desk.

Carl Heastie can help prevent crashes like the one that killed 8-year-old Noshat Nahian. Will he do it? Image: WNBC via Daily News
Carl Heastie can help prevent crashes like the one that killed 8-year-old Noshat Nahian. Will he do it? Image: WNBC via Daily News

For the second year in a row, the State Senate has passed legislation to elevate penalties for unlicensed drivers who injure and kill people. Now, it’s up to Assembly Speaker Carl Heastie to ensure it reaches Governor Cuomo’s desk.

Carl Heastie
Carl Heastie

The bill would make it a class E felony to cause serious injury or death while driving without a valid license, as long as the license was suspended or revoked for traffic offenses. State Senator Michael Gianaris has tried to push the bill through Albany for the past several years, in response to a number of deaths in his district.

In one of those crashes, truck driver Mauricio Osorio-Palominos killed 8-year-old Noshat Nahian on Northern Boulevard in Woodside. Osorio-Palominos was charged with third degree aggravated unlicensed operation — a low-level misdemeanor that tends to be the default charge for killing someone while driving without a valid license in NYC.

For taking the life of a child while driving a semi truck through New York City without a valid drivers license, Osorio-Palominos, who had a history of traffic violations and license suspensions, faced a maximum penalty of 30 days in jail and a $500 fine. The outcome of the case is unknown, but defendants charged with aggravated unlicensed operation usually plead guilty and are sentenced to a fine with no jail time.

In some cases, police and district attorneys file no charges against unlicensed drivers who kill. Last October, an unlicensed driver backed over 8-month-old Navraj Raju as his mother pushed him in a stroller on an Astoria Boulevard sidewalk. Queens District Attorney Richard Brown declined to charge that driver with a crime.

Since the launch of NYC’s Vision Zero initiative in 2014, motorists without valid licenses have killed at least 24 people walking and riding bikes, according to data tracked by Streetsblog.

The Assembly version of the Gianaris bill, sponsored by Queens rep Aravella Simotas, is currently in the codes committee, where it stalled in 2016. It has four co-sponsors.

“The law needs to be strengthened, not just to punish, but more importantly, to create a powerful deterrent to driving with a suspended or revoked license,” Simotas told the Times Ledger. “Deterrence is absolutely critical to saving innocent lives because we know that as things stand now unlicensed drivers are still getting behind the wheel. I’m still hopeful we can get this done before the legislative session ends and send the message that unlicensed driving is a serious crime.”

As the person in charge of the Assembly, Heastie, who represents the Bronx, can see to it that this bill gets to Cuomo if he chooses. We have a message in with Heastie’s office asking if he supports it.

ALSO ON STREETSBLOG

Today: Urge Cuomo to Amend or Kill Disastrous Albany Hit-and-Run Bill

|
District attorneys and traffic safety advocates across the state are asking Governor Cuomo to kill a bill that would stall efforts to reform state laws that create an incentive for drunk drivers to leave the scene of harmful crashes. This year the Assembly and State Senate passed a bill (A5266/S4747) to create the offense of aggravated leaving the scene, a […]
Ubers and yellows appear to be banished under the NYPD order. Photo: Max Pixel

Advocates Call on Carl Heastie to Fix Statewide Uber Bill

|
In letters to Assembly Speaker Carl Heastie and Insurance Committee chair Kevin Cahill, leaders of Transportation Alternatives and the Tri-State Transportation Campaign warn that Governor Cuomo's Uber bill could lead to illegal ride-hail traffic in the five boroughs with no way to assess the problem and rein it in, if necessary.

Four Transportation and Street Safety Bills That Albany Failed to Pass

|
Every year, several worthy street safety and transportation bills make it through either the State Senate or the Assembly but not the other house. This year, bills on four key issues made it through the Senate before dying in the Assembly. A bill to legalize electric-assist bicycles came very close to passing both chambers. Currently the federal government permits the sale of these […]