I do not support the Rule of Two and I believe it is ready to be tested. I agree with the court’s ruling in People v. Senisi, that a single traffic violation can be sufficient to support a conviction if the circumstances warrant it. I believe the fundamental lesson that prosecutors need to draw from this court decision is to evaluate each fatality on a case-by-case basis. We must understand the totality of the circumstances surrounding a vehicular fatality and not make rushed judgments about whether or not to prosecute.
All too often when any of us are driving, we see someone careening at high rates of speed and think to ourselves “that person is going to kill someone.” And the reality is, they can in fact kill people. These people need to know that if they violate the law they will be arrested.
I will make sure that the DA’s office has a thorough understanding of the law of criminally negligent homicide and I believe a comprehensive understanding of these laws will lead to a willingness to prosecute.

The "Rule of Two" has resulted in hesitancy to prosecute vehicular homicides in which speed alone appears to be the cause. This leaves, bikers, pedestrians, victims, and their families feeling unprotected or further victimized by the system.

The Rule of Two certainly should not bar prosecution or prevent convictions where an accident results in death simply because the driver was “just” speeding. There should be an investigation and appropriate action -- including prosecution where warranted -- whenever there is a loss of life.

With the help of a Bureau Chief in charge of vehicular crimes, each case will be examined individually and a determination will be made based on the facts of that case. We will also look into having prosecutors on call to respond to the scene of any automobile accident in which someone is killed to do an investigation independent of the NYPD.

I look forward to working with your organization to raise awareness of the concerns of pedestrians and bikers and to educate Assistant District Attorneys in the appropriate statutory and case law, especially that of criminally negligent homicide.

I view the “Rule of Two” as the result of case law which should be modified to reflect the reality that one vehicular crime is fully capable of killing. There is no reason why two traffic violations are necessary in order to support a conviction of criminally negligent homicide. Although in recent years this notion has been applied by the courts in a less strict manner – it is indisputable that it does not take two violations to kill someone. Many violations -- speeding, running a red light, or failing to stop at a stop sign are more than dangerous enough to take a life.

Death by vehicle requires stringent, serious, and methodical on-site investigations by the NYPD and prosecutors. Assistant District Attorneys must work cooperatively with the NYPD and both must be fully trained in forensic accident reconstruction. Preparing our police and prosecutors to handle such cases can vastly improve investigations of traffic deaths. My ultimate goal remains disciplined and sophisticated case-by-case assessments of vehicular crimes. Prosecutors must be trained to take the totality of the circumstances into consideration; this strategy will ensure that the people of New York City are fairly, properly, and justly served.