NYC Right Of Way Law Survives Challenge In State’s Highest Court

NEW YORK CITY — The city’s “Right of Way” law survived Tuesday a challenge from two drivers, both of whom had been found guilty of violating the statute in fatal crashes, when the state’s highest court denied their appeals, court records show.

The New York Court of Appeals ruled Tuesday against Carlos Torres, who pleaded guilty to killing a pedestrian in a Midtown crosswalk, and Dave Lewis, found guilty of running over the first Citi Bike rider to lose his life, arguing the two driver were ultimately unable to prove the Vision Zero statute violated the Constitution, the decision states.

“The City, acting pursuant to a delegation of police power by the State, enacted the Right of Way Law to address ‘the epidemic of traffic fatalities and injuries on [its] streets,’ Judge Michael J. Garcia wrote.

“We hold that the law is a valid exercise of that delegated power.”

The Right of Way Law, passed as part of “Vision Zero” in 2014 makes it a misdemeanor crime for a driver to strike a pedestrian or cyclist through lack of due care, city records show.

Both Torres and Lewis appealed their Right Of Way convictions, arguing the law was too vague and that it violated the constitution by equating negligence with “mens rea,” or criminal intent, according to legal papers.

Manhattan’s supreme appellate court first denied their appeal in 2019, ruling unanimously that the city could criminalize negligence in such cases of public welfare, court records show.

Torres and Lewis’s appeal was bumped to a higher court where their argument once again failed to pass legal muster, the Albany judges ruled.

“We have long recognized the constitutionality of such strict liability offenses,” Garcia wrote. “The path here being clearly marked, defendants' vagueness challenge fails.”

This challenge to Vision Zero concludes as Mayor Bill de Blasio’s landmark legislation faces increased scrutiny triggered by record-breaking traffic deaths in 2021.

There have been at least 206 deaths since January and seven cyclists died in city crashes in September, making it the deadliest month for bikers since de Blasio first took office.

With Vision Zero, de Blasio promised New Yorkers traffic deaths would be eliminated by 2024.