DISTRICT ATTORNEY - NEW YORK COUNTY

FOR IMMEDIATE RELEASE
May 27, 2010

CONTACT: Erin Duggan
212-335-9400

DISTRICT ATTORNEY VANCE ANNOUNCES VEHICULAR CRIMES UNIT EXPANSION

Unit Will Enhance Resources for Prosecution of Vehicular Crimes, Increase Crash-Specific Training for Approximately 24 ADAs

DA Vance Pushes Legislation to End Statute of Limitations on Vehicular Homicide, Create Predicate Felon Status for Felony DWI Offenders, and Authorize Speed Cameras

Manhattan District Attorney Cyrus R. Vance, Jr., today announced the expansion of the Office’s Vehicular Crimes Unit. This expansion will enhance the resources and abilities of the Manhattan District Attorney's Office to investigate, prosecute and prevent vehicular crimes. In addition, the DA’s Office will work more closely with the NYPD in investigating these cases, advocate for new legislation to strengthen the state’s vehicular crimes laws, support local New York City vehicular safety law enhancements, and host a training summit this fall for law enforcement from across the state.

“Vehicular injuries and deaths remain a serious problem in Manhattan,” District Attorney Vance said. “In 2009, Manhattan had 55 vehicular deaths, including those that did not involve criminal liability, tens of thousands of incidents with injuries, and hundreds of DWI arrests. Today’s announcement reflects the Office’s commitment to vehicular crime prevention. This unit will focus on felony and misdemeanor cases involving traffic fatalities, traffic assaults, reckless driving, and other road violations. Prosecutors designated to the unit have been, and will continue to be, trained to address the complex issues specific to vehicular crime and crash reconstruction, as well as comprehensive legal instruction and in-depth training in the multitude of laws involving New York vehicular crime.”

Assistant District Attorney Jill Hoexter will remain as Chief of the unit, with Assistant District Attorney John Wolfstaetter serving as Co-Chief. Assistant District Attorney William Beesch has been appointed Deputy Unit Chief, and ADA David Vega will serve as Unit Coordinator. In addition to bringing in additional analysts, approximately 24 Manhattan ADAs will be specially-trained to work with the unit on vehicular cases.

Senior Assistant District Attorneys in this unit will serve as legislative liaisons to help advocate the passage of laws in the New York State Legislature, give educational lectures, update and write manuals, and provide training — all related to vehicular traffic crimes. The Vehicular Crimes Unit works closely with the New York City Police Department’s Accident Investigation Squad (AIS) and Highway Unit. Their training includes crash reconstruction work like “crush” analysis, momentum calculations and other physics-based means of computing the speeds, forces, causes and directions involved in a crash.

In 2009, there were 55 vehicular deaths in Manhattan, including those that constituted criminal and non-criminal liability. There were 2, 161 misdemeanor cases of Operating a motor vehicle while under the influence of alcohol or drugs (Vehicle & Traffic Law Section §1192). There were 7,272 misdemeanor cases of Operation while license or privilege is suspended or revoked; aggravated unlicensed operation (VTL Section §511). Additionally, 72,384 New York City pedestrians, bicyclists, drivers and passengers were injured in 2008 crashes.

Legislative issues the DA’s Office will support include:

• Eliminating the statute of limitations for vehicular homicides. Homicides caused by automobiles are the only homicides in New York that carry with them a statue of limitations for bringing prosecution. The Manhattan DA’s Office believes no homicide cases should have prosecutorial expiration dates.
• Creating a Predicate Felony Statute that applies to repeat DWI offenders. Currently the Vehicle and Traffic Laws do not contain a Predicate Felony Statute and drivers charged with repeat DWI arrests can only be treated as first time felony offenders. As a result, anyone convicted of a VTL offense like DWI can be convicted multiple times and never face mandatory state prison. 
• Expanding the officials who can draw blood from drivers suspected of DWI. Current state law is too specific regarding who can draw blood from suspected DWI offenders. DA Vance supports a common sense approach that would allow anyone who is medically capable of drawing blood to do so for the purposes of evidence.
• Allowing for speed cameras in New York City. Despite the high volume of traffic in New York City, drivers routinely travel far in excess of our speed limits. At a time when law enforcement resources are stretched thin, these cameras are one more tool in our fight against excessive speed.

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Additional news available at: www.manhattanda.org

New York County District Attorney | duggane@dany.nyc.gov | 212-335-9400