Staten Island Driver Who Killed Senior Escapes Jail … However Loses His License Completely – Streetsblog New York Metropolis

We obtained … one.

how sb covered si death
How Streetsblog lined the Staten Island killing.

A Staten Island driver who killed beloved senior Anastasia Diaz last year gained’t serve any jail time for the crime, however his responsible plea this week did include one type of punishment that may preserve residents of the Rock protected for years to come back: driver Johnson Kim should give up his driver’s license completely.

He’ll additionally get 5 years’ probation and a $5,000 positive at his sentencing on Dec. 11, the Staten Island Advance reported.

However it’s the revocation of Kim’s license that stands out, given how few drivers who kill are ever held accountable.

“Any decide has the power to take a license in reference to a legal continuing arising from a motorcar crash, however only a few judges do it,” mentioned lawyer Steve Vaccaro, who typically seeks damages from drivers who injure cyclists. “They’re probably not excited about it.”

It’s seemingly that the Staten Island District Legal professional’s workplace sought the everlasting revocation due to the distinctive circumstances of this crash — the driving force not solely fled the crash, however was additionally charged with tampering with proof by getting his automotive repaired after the crash — however the workplace has not gotten again to us (we’ll replace this story if it does).

Vaccaro added {that a} everlasting license revocation is exceptionally uncommon, not solely as a result of judges hardly ever invoke their energy beneath the state’s automobile and visitors regulation, part 1146, but additionally as a result of the state Division of Motor Autos doesn’t maintain killer drivers accountable.

“It’s very uncommon,” mentioned Vaccaro. “The one revocation I’ve ever gotten in a fatality case was when a driver ran over and killed Allison Liao, a 3-year-old woman, and it was a brief revocation.”

Within the case of a revocation, a driver can reapply for a license, which most do. It’s unclear how typically the DMV restores a killer driver’s permission to drive (the company virtually by no means responds to requests for info, and certainly didn’t on this case).

Marco Connor DiAquoi of Transportation Options mentioned prosecutors ought to actually make a requirement for a license suspension or revocation a precedence in all harmful driving plea bargains, however added that district legal professional’s places of work ought to “additionally ask the courtroom, on a routine foundation, for suspension of drivers’ licenses in instances of repeat harmful driving — one thing courts have the ability to do beneath VTL 510” and which TA has been demanding since 2015 [PDF].

“Right this moment, it’s not frequent for prosecutors to do that,” he mentioned. “They underutilize it. It’s a sanction that serves as a significant type of punishment (albeit insufficient) that’s instantly tied to the offense and, within the case of repeat harmful drivers/offenders, serves to assist get harmful drivers off the highway.

“I’m glad the Staten Island DA’s workplace included this within the plea,” he added. “They in all probability felt emboldened by the very fact they’d a felony hit-and-run to cost the driving force with. We have to see license suspension or revocation utilized in instances that don’t essentially contain a felony cost however lesser misdemeanor fees as properly.”

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