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Op-Ed | ‘No Criminality Suspected’: Holding Reckless Drivers Accountable in Brooklyn

driver car after accident
Dangerous car crashes are “all too common” in Brooklyn, write state sen. Andrew Gounardes and Council Member Justin Brannan.
File photo by Lloyd Mitchell

Traffic violence is ravaging neighborhoods across Brooklyn. In just the last two months, a string of reckless driving incidents have left several beloved neighbors, many of them seniors, dead.

In May, 71-year-old Juanita Vidal was mowed down on Eldert Street in Bushwick by a speeding Mazda that fled the scene. On June 3rd, 82-year-old Efrain Barreto was fatally struck by an unlicensed moped driver at 60th Street and 5th Avenue in Sunset Park. Less than two weeks later and two miles away, 86-year-old Antonio Conigliaro was killed by a DOT truck turning onto Dahlgren Place from 92nd Street in Bay Ridge. A week after that, 83-year-old Carolyn Cox was crossing Bond Street in Cobble Hill when she was fatally struck by a dump truck making a right turn.

Of the over 18,000 traffic crashes across New York City so far this year, over 5,800 of them—nearly one third of the citywide total—happened in Brooklyn, resulting in 7,875 injuries and 32 deaths, according to Crashmapper.

These tragedies are a reminder that far too many of us have been impacted by traffic violence or know someone who has. While the loss is sudden and unexpected, the pain never truly goes away. And for every person killed, many more are left with debilitating, life-changing injuries.

We must take the time to grieve with our neighbors, friends, and family. Then, for the good of our community, we must demand action.

Devastating crashes are all too common here in Brooklyn because so many of our streets are still designed for speed, not safety. We can — and must — redesign our roadways to ensure they put safety at the forefront. But there are more steps we can take.

What many don’t realize is that reckless drivers rarely face serious consequences for ending someone’s life. Driving a multi-ton vehicle is an incredible responsibility, and its reckless misuse should be treated like that of any other weapon. Whether you’re handling a loaded gun or driving a car, irresponsible decision-making can cost lives. Yet the moped operator who killed Efrain faces only misdemeanor charges for lacking license and registration. No criminal charges have been announced in any other of these recent cases.

Thanks to archaic laws and inconsistent enforcement, reckless drivers routinely drive away from the scene without even a slap on the wrist. With common sense and political will, we can change this reality.

The data shows that vehicles involved in deadly crashes are disproportionately likely to have a sky-high record of red-light and speeding infractions. We can increase fines for repeat violations, and revoke the registration of vehicles that receive absurdly high numbers of tickets. We can pass legislation to force repeatedly-reckless drivers to install speed limiters in their cars. We can eliminate illegal mopeds by requiring sellers to register them with the DMV before buyers take them home. We can revoke the outrageous “rule of two” precedent that requires drivers to simultaneously violate multiple traffic laws to be held criminally responsible for a fatal crash.

District Attorneys are not simply reluctant to bring criminal charges in reckless vehicular crashes—they are hamstrung.  Outdated precedent for prosecuting reckless drivers prevents them from being able to make a case. When other violent crimes are committed, we give our law enforcement the tools to prosecute. So why then when the weapon is a car is it handled any differently?

The insanity and the suffering must end. We must make sure no one gets away with driving in a way that endangers others, and we must demand that reckless drivers who destroy families are held accountable. Where the obstacles are statutory, the law must change. Where the issue is enforcement, we must provide agencies with the tools to hold drivers to a higher standard.

Safer streets are possible, and as your elected representatives, we are committed to making them a reality. We do so in the hope that no one else has to experience this unimaginable loss.