In New York, the prosecution of sober drivers who disregard minor traffic regulations and cause the death or physical injury of other motorists, pedestrians or bicyclists, has been criticized as weak or non-existent. This is due, in large part, to a small patchwork of laws that only provide prosecutors with a limited opportunity to ascribe criminal culpability to acts of vehicular violence. That, however, may be changing.

Several weeks ago, a New York County Grand Jury issued a report proposing recommendations for legislative changes to strengthen offenses applicable to vehicular collisions resulting in death or serious physical injury. Based upon that report, legislation has been proposed to establish a new article in the Penal Law entitled "Vehicular Violence," that establishes four new offenses including Aggravated Serious Physical Injury by Vehicle (a class A misdemeanor) and Aggravated Death by Vehicle (a class E felony).

It is interesting to note that, over 100 years ago, when the automobile was in its infancy, the New York Court of Appeals had to determine whether criminal culpability could be ascribed to certain driver-related conduct. In People v. Rosenheimer, 209 N.Y. 115 (1913), the court acknowledged that "[a] distance separates the negligence which renders one criminally liable from that which establishes civil liability." It then concluded that the act of leaving the scene of an accident was punishable under the criminal law.