I am willing to consider supporting increased penalties attached to vehicular assault, manslaughter and homicide. However, I think increased enforcement and the ability to prosecute for vehicular assault even when drugs and/or alcohol are not involved will have a greater impact on behavior.

As District Attorney I would expand on the office’s current Vehicular Crimes Unit and appoint a Bureau Chief, as has been done in Brooklyn and the Bronx. This unit would work closely with the police department to ensure that all laws are being enforced correctly and that proper investigations are conducted, regardless of whether drugs and alcohol are involved. Enforcing all laws, including those intended for cyclists and pedestrians, will increase safety for everyone.

I will examine the current laws closely and take action to increase and change penalties where appropriate. I will look into creative options such as implementing a sliding scale model for certain violations like speeding and driving with a suspended license. Implementing stricter penalties and consequences will increase the deterrent factor, which will in turn decrease vehicular crimes.

Educating the Assistant District Attorneys in the appropriate statutory and case law will help eliminate the impact of the “rule of two” and will ensure that all cases that should be prosecuted are prosecuted.

Increasing penalties attached to the offense of vehicular homicide and/or assault in instances where drugs or alcohol are not present is extremely important. For example, a driver operating a car who is knowingly compromised by extreme exhaustion to the point where they can no longer operate their vehicle safely is without question behaving in a dangerous, unsafe, and irresponsible manner, and serious penalties should apply.

Assembly member Robert Sweeney introduced legislation that “[p]enalizes crimes of vehicular assault and vehicular manslaughter as felonies when such crimes are committed while driving with a suspended or revoked license.” I believe that the State Assembly should pursue this legislation. I am also aware of pending legislation which would establish the crime of operating a vehicle while fatigued, where the result of such operation is serious physical injury or death to another person. These are important areas which require further attention by law enforcement and legislators.