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- <text id=94TT0752>
- <title>
- Jun. 13, 1994: Law:Unlicensed to Kill
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1994
- Jun. 13, 1994 Korean Conflict
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- LAW, Page 54
- Unlicensed to Kill
- </hdr>
- <body>
- <p> Outraged by some tragic accidents, states look for ways to clamp
- down on a hard-core class of scofflaws
- </p>
- <p>By Marguerite Michaels--Reported by Victoria Balfour/New York, Kristen Lippert-Martin/Washington
- and Sylvester Monroe/Los Angeles
- </p>
- <p> Jerome Brown had been driving without a license for two years,
- police say, before fate caught up with him. On May 28 he lost
- control of his girlfriend's 1989 station wagon while driving
- on a curvy road in Salisbury, Maryland. The skidding car hit
- a mailbox and a telephone pole before wrapping itself around
- a tree. Brown's girlfriend was killed instantly. His 14-year-old
- daughter died a few minutes later. Brown, 41, who was seriously
- injured, was allegedly driving drunk. He shouldn't have been
- on the road in any condition--his license had been suspended
- in 1992 after a long string of traffic violations.
- </p>
- <p> A week earlier in New York City, Jesus Soto and his son were
- installing an antenna on a pickup truck parked along a boulevard
- when a Chevy Caprice Classic slammed into them. Soto, 51, died
- instantly. His son, 15, was critically injured. The driver,
- Angel Burgos, 33, had no valid license and was allegedly driving
- drunk. His license had been suspended 11 times.
- </p>
- <p> For the most part, driving has become safer in recent years.
- The number of fatal crashes in the U.S. declined from 42,000
- in 1988 to 35,000 in 1992, thanks to such measures as mandatory
- seat-belt use, an increase in the drinking age and a decrease
- in speed limits to 55 m.p.h. on many highways. But within that
- success story is a notable exception: unlicensed drivers. Hard
- to identify and hard to control, they have become a notorious,
- hard-core class of scofflaws who often stay on the streets until
- they cause someone harm. While many drunk drivers are now punished
- with fines and jail time, the most common punishment for driving
- with a suspended license is to suspend the license again--often with little effect.
- </p>
- <p> The portion of accidents each year involving unlicensed drivers
- is estimated to be a relatively small 3%, but that nonetheless
- amounts to thousands of deaths and injuries each year across
- the U.S. And these are only the people who end up in accidents.
- "The numbers are misleading," says Jerry Tannahill, an analyst
- for the National Highway Traffic Safety Administration. "We
- have no way of knowing how many people are on the roads operating
- cars who really shouldn't be."
- </p>
- <p> There are plenty of clues that signal the potential for tragedy.
- In the past two years, 6,484 people in New York City have had
- their license suspended for the 20th time or more. Almost 6%
- of Michigan's 6.5 million drivers lost their privileges last
- year; an estimated two-thirds of them keep driving anyway. More
- than 36,000 Texas drivers involved in accidents last year had
- no license. In Southern California, which leads the U.S. in
- hit-and-run cases, police believe many of the people who flee
- the scene do so because they are driving without a license.
- State authorities estimate the number of illegal drivers to
- be as high as 1.7 million, or more than 8% of California's drivers.
- </p>
- <p> Efforts to get these motorists off the road typically run into
- the classic struggle of individual rights vs. public safety.
- Proposals that would require motorists to display a valid license
- on their windshield have languished for two decades because
- of concerns for privacy. "The courts say mobility is a right.
- They have frowned upon any type of surveillance program to catch
- these people," says Jack Grant, a project manager for the International
- Association of Chiefs of Police. While traffic codes in most
- states permit police to make random stops to check for a valid
- operator's license, the majority of law-enforcement agencies
- have been too busy to make it a priority.
- </p>
- <p> Legislators across the country are trying to give the courts--and the police--a bit more to work with. In Ohio the state
- has developed a computer system that prevents drivers with suspended
- operator's licenses from renewing the license plates for their
- vehicle. Police in Santa Rosa, California, have arrested 660
- people since last November for driving without a license and
- have impounded their cars. Last week the California assembly
- passed a bill that would essentially adopt the Santa Rosa program
- on a statewide basis.
- </p>
- <p> Oregon and Washington decided to confront the privacy issue
- head-on. Cars registered to drivers who have previously had
- their licenses suspended or revoked must carry a special designation:
- either a colored license plate or sticker. This type of marking
- allows police to pull a driver over at any time to check the
- status of the license. New York has turned to harsher punishment:
- a rash of accidents inspired the state legislature to pass a
- law with escalating penalties for repeat offenders, including
- fines, criminal charges and as much as 30 days of jail time.
- A second bill, introduced recently, would increase criminal
- penalties for vehicular manslaughter and leaving the scene of
- an accident.
- </p>
- <p> Not everyone, however, thinks that society can afford to deter
- unlicensed drivers by threatening them with jail. "It would
- be prohibitively expensive to incarcerate people on that level,
- and there is a legitimate question of whether it is the appropriate
- punishment to fit the crime," says Dave DeYoung, a research
- analyst at the California department of motor vehicles. While
- 60% to 70% of suspended California motorists ignore the sanctions,
- many of them take pains to avoid being caught and fined again.
- "They tend to drive less often and more carefully," says DeYoung.
- "The letter of the law is being violated, but the goal of increasing
- traffic safety is being met." Even so, the most desirable effect
- would be for unlicensed drivers to be so wary of detection that
- they actually fear leaving the driveway.
- </p>
- </body>
- </article>
- </text>
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