The current problem, said Martinez, is the intermediate status of Hayley and Diego’s Law. Though it’s intended to be more serious than a traffic violation, legally it’s lumped in with other moving violations, which is how police have treated it so far. “Nobody wants the police to be out there writing tickets for ordinary traffic violations they didn’t see,” said Martinez, citing red-light running as an example.
To be sure, nobody wants tha… wait what? Now TA’s lawyer has backed into a weird corner of arguing that more severe crimes have a lower standard of evidence, because “nobody wants” it to be otherwise.
I want it otherwise. If someone is driving dangerously and several people are willing to testify to that fact, why not write them a ticket? It’s certainly not going to happen often that other people would be willing to go to court so that someone else is punished for driving dangerously, but if you were almost hit it might be worth it. It certainly wouldn’t hurt to have that possibility out there.
The underlying issue is that the “I didn’t see it” business is merely an excuse to not write a ticket police have no desire to write, whether they saw it or not. When is the last time you saw an NYPD officer witness a traffic violation and leap into action to stop the perp? The idea is laughable. Police write traffic tickets when they are tasked with that job, and then only. They do not view dangerous driving as worthy of their attention.
So it’s also perfectly natural that they want no part in prosecuting incidents where dangerous driving brought on death and injury. To admit that driving badly has consequences, that crashes are not Accidents caused by God, would implicate police themselves for doing nothing to reduce the danger at its source. The only thing left to do is blame the victim, which they do with gusto.
“Hayley and Diego’s Law made it clear that a driver’s license is not a license for carelessness,” said Squadron. “But we now must provide law enforcement with additional tools to effectively crack down on careless driving.”
TA and Squadron are playing some first-rate kabuki here, pretending that the police department is rearing to “crack down” on motorists who have injured or killed, if only they had the right “tools”. No one could have known that “Hayley and Diego’s tool” would be so utterly unused, I guess. But it’s weird the tool-makers didn’t check with the tool-users first, in this alternate universe where it’s all just a friendly misunderstanding.