DISTRICT ATTORNEY

COUNTY OF NEW YORK

ONE HOGAN PLACE
New York, N. Y. 10013
(212) 335-9000

CYRUS R. VANCE, JR.

DISTRICT ATTORNEY

June 23, 2015

The Honorable John J. Flanagan
Temporary President and Majority Leader
New York State Senate
Email: flanagan@nysenate.gov
The Honorable Carl E. Heastie
Speaker, New York State Assembly
c/o James Yates, Counsel to the Speaker
Email: yatesj@assembly.state.ny.us
Re:

S.4494B (Dilan)/A.6048B (Mosely) Relates to procedures engaged in

by investigating peace or police officers responding to traffic accidents
involving a pedestrian or bicyclist and an omnibus

Dear Senator Flanagan and Speaker Heastie:

I am writing in opposition to the above-referenced bill, which would prevent police officers
from detaining or preventing omnibus drivers from leaving the scene of a traffic collision
involving a pedestrian or cyclist.
In a city full of pedestrians and cyclists, we should be working on ways to make the city safer
for New Yorkers, and certainly not promoting changes that would hold some drivers to a
lower standard than others. Although the amended bill attempts to exclude drivers who may
be driving under the influence of alcohol, police officers often conduct field sobriety tests
even when there is no immediate suspicion of impairment, and must often wait a significant
period of time for the arrival of equipment to conduct those tests. By prohibiting the
detention of omnibus drivers at the scene of collisions, the bill prevents law enforcement
from gathering evidence vital to bringing criminal charges in appropriate cases.
For these reasons, I urge our lawmakers to vote against this bill. Thank you.
Sincerely,

Cyrus R. Vance, Jr.

District Attorney, New York County