Ben Lowenthal: Turning Chronic Unlicensed Drivers Into Felons Is A Bad Idea
The governor should veto a misguided measure legislators passed in reaction to a teen’s tragic death.
May 31, 2024 · 6 min read
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The governor should veto a misguided measure legislators passed in reaction to a teen’s tragic death.
One of the bills that made it through the gauntlet of our legislative process is a reaction to a terrible and avoidable death. Sara Yara was a high school student in Honolulu. She was hit by a motorist in a crosswalk on Kapiolani Boulevard and died. News reports revealed that the motorist charged with negligently killing Yara had numerous prior traffic offenses 鈥 including driving without a license.
Her death enraged and mobilized the community. People have rightly asked how this could happen. And many have demanded that their elected officials do something to keep pedestrians safe.
That鈥檚 what prompted to move deftly through six committees, both chambers, and ultimately land on the governor鈥檚 desk. But the bill should be vetoed.
Let鈥檚 start with what it does not do. It does not appropriate funds to construct safer walkways around schools. It does not build barriers to prevent motorists from entering certain areas at certain times. It does not provide for better crosswalks, more speed humps or lighting to alert motorists about foot traffic.
It doesn鈥檛 even seem to do what its proponents want. Ward Village Moms, an organization that has rallied around the Yara family and demanded action from the government, urged the Legislature to find a way to get dangerous drivers off the road. In written testimony, the organization warned that 鈥渇ocusing solely on penalties for unlicensed and reckless drivers is not enough.鈥
But that鈥檚 all the bill seems to do: ramp up the seriousness of the crime known as driving without a license.
A first-time offense for driving without a license within a five-year period is still a petty misdemeanor. But after that the fines and exposure to jail increase. A second offense in the same period is a misdemeanor 鈥 exposing drivers to a fine from $500 to $1,000 and up to a year in jail.
A third offense for driving without a license becomes a felony offense subjecting the driver to five years imprisonment or four years of probation with up to one year in jail. It also means they are stripped of some of their civil rights. Their right to vote in other states is severely limited and they will have to forever disclose they are a felon.
The bill also subjects the vehicle they’re driving 鈥 whether it鈥檚 their own vehicle or someone else鈥檚 鈥 to civil asset forfeiture, a draconian and antiquated procedure in itself. Even then, the forfeiture process is not instantaneous and is far from a fast way to get a driver off the road.
The bill was nevertheless supported by the Honolulu prosecutor鈥檚 office, the only law enforcement office that weighed in. Normally when there鈥檚 a newfangled criminal offense, the four county prosecutors, police departments and the attorney general submit testimony. Not this time. Their silence was noticeable.
Let me be clear: What happened to Sara Yara should have never happened. Pedestrians need to feel safe. Negligent driving 鈥 be it speeding, texting or drunken driving 鈥 is dangerous. And it鈥檚 already
But the bill doesn鈥檛 cut down on negligence or keep anyone safe. It just grinds down those who are already driving without a license. It targets the poor.
Here鈥檚 why: If you get cited for driving without a license or even other traffic offenses, you will probably be ordered to pay a fine and a court fee. If you don鈥檛 pay it, the debt goes to collections and stays there collecting interest. Rack up enough of them, and your license is suspended and now you鈥檙e an unlicensed driver.
Decades of neglected infrastructure, decentralized living and working spaces, and inadequate public transportation have made driving an essential part of American life 鈥 even in Hawaii. And people will continue to drive without a license every hour of every day. They run that risk to keep working, keep providing for their kids and keep trying to stay afloat in one of the country鈥檚 most expensive places to live.
The bill does nothing to help people get out of court debt and on the right side of the law. It doubles down and makes felons out of people who are already so deep into debt that getting a license is nearly impossible.
The bill doesn鈥檛 cut down on negligence or keep anyone safe. It just grinds down those who are already driving without a license. It targets the poor.
And yes, it鈥檚 true the law has always allowed drivers to petition courts to show that their failure to pay was not because they are a scofflaw, but because they鈥檙e just poor. Courts are supposed to examine a driver鈥檚 finances to see if they鈥檙e telling the truth and if the judge is satisfied that they are in fact poor, the fine can be revoked or converted to community service 鈥 a process reminiscent of what 鈥渁 little investigation, humiliation, and if you cross your fingers, rehabilitation.鈥
Maybe this bill will trigger a rise in this seldom-used petition procedure and turn District Court judges into financial analysts.
Not only that, but expect more traffic coming to Circuit Court. If unlicensed driving is a felony offense, you can expect more drivers demanding jury trials. That鈥檚 heard in Circuit Courts before judges who are also trying murder, sexual assault and drug trafficking cases.
How many unlicensed drivers will it take to clog an already overwhelmed court system? How many cases will it take for judges and juries to get tired of hearing a traffic cop testify about how they stopped someone, asked for a license and found none? Riveting stuff.
But I might be looking at this all wrong. Perhaps this is a blessing in disguise, at least for court-appointed attorneys. While this bill made it through, that would have increased the hourly rate for such lawyers didn’t, even though it was widely supported by stakeholders in our criminal legal system.
So perhaps turning a nonviolent traffic crime into a felony offense is a consolation. Why should court-appointed attorneys stress over things like murder or robbery when they can just do a traffic case in front of a jury at the public鈥檚 expense? It will pay their bills, clog the courts and won鈥檛 make our roads any safer.
The governor has until June 25 to decide if he will veto the bill. Let鈥檚 hope he does and stops us from being the only state in the union that turns unlicensed drivers into felons.
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ContributeAbout the Author
Ben Lowenthal grew up on Maui. He earned his undergraduate degree studying journalism at San Francisco State University and his law degree at the University of Kansas. He is a deputy public defender practicing criminal defense in trial and appellate courts. He also runs . The author's opinions are his own and don't necessarily reflect those of Civil Beat.
Latest Comments (0)
Hey BenExcellent article! Glad all those conversations with Phil have come to fruition with you.AGREED!The Bill should be vetoed because it does nothing to make our roads safer. But it does wonders jamming the court system, makes lawyers richer, and we can all go to sleep comfortable in our blanket of mindless activity.Mei Ling
mli · 7 months ago
It's the American way. Though not un-Constitutional, we are constitutionally predisposed to irrational, cruel, ignorant and uselessly punitive reaction to the people who violate the law. It really is a "off with their heads" philosophy. We are a culture of narcissism and individualism. We can't seem to do any better than we've ever done in over 400 years. The rich are mostly exempt of course.
RLS · 7 months ago
The article makes many excellent points. What it fails to do (gee, how much can a guy expect?) is to lay out the actions that would address the frustration and angst that led to the bill's passage. So, I do believe that the Governor should veto the bill, but I also believe that the Governor's veto message (if he takes that action) should lay out very explicitly what he believes should be done instead. And notwithstanding the impact that it could have on a car-centric civilization such as ours, I do believe that impounding the car if the unlicensed driver has not gotten a license within a month is appropriate...and motivating.
Kalaiopua · 7 months ago
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