The State Senate today passed a bill sponsored by Senator Michael Balboni that would help reduce the number of serial scofflaws who get behind the wheel of an automobile even though their license has been
revoked three or more times.
Specifically, the legislation would correct a loophole in current law
by establishing the presumption that a person who has three or more license suspensions or revocations, is fully aware that his or her license has been stripped and is driving a car anyway.
"Under this bill, serial scofflaws caught driving without a license
can't use the convenient excuse that they didn't know their license was
revoked or suspended," explained Balboni."I
think it's fair to assume that after three license revocations, the driver
is aware of the status of their license. This bill will serve as a
roadblock for dangerous unlicensed drivers and will help make our street
and highways safer."
According to Balboni, the crime of aggravated unlicensed
operation consists of three elements: driving a vehicle, evidence of a
suspended license, and knowledge of suspension by the driver.
The first two are easy to demonstrate, he said. But many defendants
claim that they were not aware that their license was taken away, making it
more difficult to prove that someone knew that his or her license was
suspended or revoked. The bill now goes to the Assembly.