Drive in New York without a license, pay a price
The requirement that a New Yorker has a valid driver’s license before driving is not a suggestion. Driving a vehicle on our state’s public roads without a valid license endangers all of us, whether we are passengers, fellow motorists, bicyclists or pedestrians. Driving without a valid license is also — most importantly — a crime.
There is sound reasoning for this non-negotiable requirement. Unlicensed drivers are significantly more likely to be involved in serious and fatal collisions. The National Highway Transportation Safety Administration indicates around 20% of all collisions, including fatalities, are caused by unlicensed drivers. In Queens County, we are seeing an increased number of cases involving unlicensed drivers, with 2,738 such cases docketed in 2021. Projected year-end 2022 numbers indicate an alarming 28% increase in cases from 2021 involving unlicensed operation of a motor vehicle.
Just this past weekend, we saw news reports of six traffic crashes in the span of 48 hours throughout the city. We should not wait for the projected totals to be realized. The time is now to take heed of this clear and present public safety hazard on our roadways.
All New Yorkers aged 16 and above, regardless of immigration status, can apply for a non-commercial driver’s license, but driving is a privilege. It is not a right. The application process is extensive and prepares the future driver for operation of a vehicle in a safe and responsible manner.
Before receiving a license, drivers must develop an awareness of pedestrians, cyclists and other motorists sharing the road through written and driving tests. They must be mindful of distractions while driving, and of rules regarding highway worker safety, school bus and school zone safety, just to name a few. Drivers are required to learn of the hazards of road rage and the effects of alcohol and drugs on a person’s ability to drive. They must prove capable of understanding road signs and pass an eye test. These qualifications help ensure that fewer pedestrians, cyclists and motorists are seriously injured or killed on our roads.
When an unlicensed driver is involved in a serious collision, the cause of the collision may be related to their inability to operate the vehicle properly and safely. Had the driver fulfilled the licensing requirements, perhaps they would have obtained the knowledge and skill necessary to avoid that collision. And if a driver with a learner’s permit is driving alone and has a collision, chances are high that the required presence of an experienced driver would have helped them avoid the crash.
Likewise, drivers who have had their licenses suspended or revoked due to repeatedly breaking traffic safety rules should not be on our roads. A driver who gets behind the wheel despite having lost their privilege to drive because of serious or multiple traffic violations like impaired driving, speeding, reckless driving and distracted driving, creates an unnecessary and wholly unacceptable risk.
I am continuously frustrated at cases involving individuals who view the requirement of a license as a mere suggestion. A vehicle is capable of inflicting drastic damage. To drive without a license because it was suspended for reckless behavior or not having bothered to obtain a license altogether, is putting your own wants over the needs of other people’s safety, with unpredictable and potentially extremely dangerous results.
The collision statistics involving unlicensed drivers sadly prove true throughout our city. Last year alone, we prosecuted more than 1,300 vehicular crimes cases, and we are increasingly finding collisions to be criminal in nature. As Queens district attorney, I have seen firsthand far too many drivers with suspended and revoked licenses, and drivers who never bothered to get a license, involved in serious, sometimes fatal, collisions with other vehicles, cyclists or pedestrians.
Despite the increase in fatalities and injuries involving unlicensed motorists, the tools to hold these drivers accountable have remained stagnant. Currently, under the state’s vehicular manslaughter statute, if a driver is under the influence of drugs or alcohol at the time of a collision, it is presumed that the driver operated the vehicle in such a manner as to have caused the death. The time has come for a similar provision in instances of serious injury or fatality by unlicensed drivers, or drivers whose license was suspended or revoked due to traffic safety violations. The failure to be properly licensed should be presumed to be related to the harm caused.
Our current laws often require prosecutors to present a complex theory to prove criminal negligence or recklessness in these cases, often with unpredictable results. We must be able to hold these unlicensed drivers accountable with stronger penalties, particularly where they cause serious physical injury or death to others.
We must do all we can to help prevent these vehicular crimes and make our streets safer for all of us. Let’s start at the beginning: The requirement of a valid driver’s license before driving is not a suggestion.