Manhattan District Attorney Cy Vance brokered the $400 penalty for Kristin Rodriguez, an unlicensed driver who struck and killed 66 year old Keiko Ohnishi as she was crossing the street.
The charge of third degree aggravated unlicensed operation is the least serious infraction that an unlicensed motorist who kills a pedestrian can be charged with; in NYC, it has become the default charge for unlicensed drivers who kill people or commit other serious infractions.
At a Fordham Law School event in November, Vance said he is prevented from prosecuting drivers who kill in cases that "may not have the facts to support a criminal prosecution and conviction." For this crash and others like it, however, the Vance team clearly had enough evidence to bring a criminal case, yet declined to charge an unlicensed motorist who failed to yield for taking a life. Since the driver was charged with unlicensed driving and failure to yield, this case also seems to satisfy the so-called "rule of two."
On Wednesday, Rodriguez, who was free on $1,000 bond, pled guilty and was sentenced to a $400 fine and $88 in fees, court records say. There is no indication that the court took action against his driver's license. Rodriguez is scheduled to pay his fine in March.
Vance Deal: $400 Fine for Unlicensed Driver Who Killed Senior in Crosswalk [Brad Aaron/Streetsblog]
(via Making Light)
