09/24/2019
We are elated that the first decision by an appellate court addressing the authority of New York City to enact driver accountability laws that go beyond what the State government provides for has upheld that authority in a great decision issued today!
http://nycourts.gov/reporter/3dseries/2019/2019_29292.htm
The Appellate Term's decision essentially blesses the legal advice that Vaccaro & White has given over the past six years to legislators like NYC Councilmembers Brad Lander, Corey Johnson and others, that NYC faces unique traffic risks and has the authority to act to protect vulnerable road users where State government has failed to do so.
Based on this analysis, and with our partners StreetsPAC, Transportation Alternatives and Families for Safe Streets, Vaccaro & White helped draft, lobby for, and enact the Right of Way Law, and the the NYC temporary speed camera program last year.
Both of those laws came under relentless attack from within and outside of government, on the grounds that New York City lacked the authority to regulate its own streets without state government approval, or that it was fundamentally unfair (and therefore unconstitutional) to criminalize conduct that constituting mere "mistakes" or "accidents" while driving.
An appellate court has now authoritatively spoken and upheld the constitutionality and fairness of such laws. This paves the way for another piece of pending legislation that we are working on with NYC Councilmember Brad Lander, the Reckless Driver Accountability Act. That law would allow the City under some circumstances to boot the cars of drivers with five or more speed camera or red light camera tickets in a year, unless the driver submitted to remediation and safety training. The law is necessary because at present, the State allows a driver to accrue unlimited numbers of camera-based tickets without any impact on the driver's license.
Thanks everyone who helped make this possible!
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Steven M. Statsinger, J., at motion to dismiss; Joanne B. Watters, J., at plea and sentencing), rendered September 13, 2017, convicting him, upon his plea of guilty, of failure to exercise due care to a...