Legislators in Albany are close to passing Elle’s Law, a law designed to create a new type of reckless driving ticket by punishing those who recklessly drive and injure pedestrians.
Named after Elle Vandenberghe, a toddler, who was seriously injured by a motorist who was unsafely backing in Manhattan the wrong way on a one-way street.
If enacted, the law would impose an automatic 6-month suspension upon any driver who seriously injures a pedestrian while driving recklessly. The suspension would increase to a year for a second offense within 5 years of one another.
Currently, a motorist convicted of reckless driving ticket is considered a criminal because reckless driving is a misdemeanor. Also, if convicted of this charge, a motorist gets 5 points added to his or her New York driver’s license. Under the new law, these items remain the same.
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Robert R emailed me directly the following question:
“Do you consider the facts in the “Elle’s case” sufficient to support a charge of reckless driving as the law not stands?”
This is a great question. Reckless driving requires that a motorist act in a dangerous way that shows an indifference to likely injury to others. Backing up unsafely could qualify as reckless if done in a dangerous manner (i.e., at a high rate of speed, a substantial distance, during the daytime, etc) but not necessarily.