Skip to Content
Streetsblog New York City home
Streetsblog New York City home
Log In
Traffic Enforcement

Alan Dershowitz: Penalize Reckless Drivers Before They Kill

Noted attorney Alan Dershowitz says that to dramatically reduce traffic deaths and injuries in NYC, police and prosecutors must crack down on all dangerous drivers, not just those who kill while driving drunk.

In a Daily News op-ed, Dershowitz says he has been rebuffed by 911 operators when he reports reckless drivers. The reason, he says, is police aren't interested in handling such calls unless a crash has occurred.

Dershowitz's sister-in-law was killed by a driver in Chelsea in 2011. Ian Clement left the scene after running Marilyn Dershowitz over with a U.S. Postal Service truck as she was cycling with her husband. Though the crash was captured on video, a jury acquitted Clement of hit-and-run.

Dershowitz writes:

It is this combination -- little concern about reckless drivers who haven’t killed yet, and legal difficulties in prosecuting drivers who have -- that has likely contributed to the epidemic of pedestrians deaths in New York, resulting in a sizable increase in 2013 from 2012. The law, and those who are supposed to enforce it, are not doing their job in deterring dangerous driving because reckless drivers have little to fear from persisting in their potentially lethal behavior. This breakdown reflects a larger moral conundrum: How should the law deal with conduct that causes lethal results in only a small percentage of cases?

Dershowitz says punishing a relatively small number of reckless drivers for killing people does not deter others from driving recklessly, "because few drivers expect to kill and even fewer expect to be successfully prosecuted if they do."

"Clearly," he writes, "the law would buy more deterrent bang for the buck if it vigorously prosecuted every reckless driver, regardless of whether they happen to kill."

Dershowitz offers a few suggestions for increasing enforcement, like making penalties more severe for deadly crashes in which speeding or texting are a factor. He says more frequent ticketing and higher fines for dangerous moving violations might also help.

Dershowitz, who made his name as a civil libertarian, doesn't explicitly endorse automated enforcement, though he acknowledges that traffic cameras are an important tool. Penalizing all reckless driving behavior might be seen as "governmental action that compromises privacy for prevention," he says, but he doesn't think it's much of a trade-off.

Are these costs worth the benefits of a more proactive and preventive approach? When it comes to dangerous driving, where privacy interests are minimal and safety concerns considerable, the answer is yes.

Stay in touch

Sign up for our free newsletter

More from Streetsblog New York City

New Bill Would Block Apps From Deactivating Workers Without Cause

A Brooklyn Council member wants delivery app companies to be more human and less robot.

July 18, 2025

Friday Video: Is Berlin a Great Biking City?

Have recent moves by anti-bike, pro-car legislators ruined the experience in the capital of a unified Germany? Sort of!

July 18, 2025

Eyes on the Street: Meeker Avenue Bike Lane Is a Failure

The Department of Transportation still hasn't finished a critical bike lane under the Brooklyn-Queens Expressway that the agency has been stalling for over four years even after identifying the strip's danger and lack of proper signals.

July 18, 2025

Friday’s Headlines: Cuomo’s Road Rage Edition

Why does Andrew Cuomo drive so recklessly? Plus other news.

July 18, 2025

Fixing Third Ave. Was Once ‘Top of List’ For Eric Adams — But as Mayor He Backed Off

Mayor Adams has delayed a redesign of Brooklyn's Third Avenue despite once saying safety fixes there should be "at the top of our list."

July 17, 2025

Thursday’s Headlines: Jerry Nadler Edition

U.S. Rep. Jerry Nadler faced off with Sean Duffy on Capitol Hill. Plus more news.

July 17, 2025
See all posts