Reform Triger Surge in Manhattan DWI and Traffic Violate Dismiss Rate

Last year, more than half of all traffic infractions in Manhattan were thrown out by the court, and the dismissal rate for DWI charges significantly increased. According to a report by the Manhattan District Attorney’s Office, Dismissal rates for alcohol-related traffic offenses and other felony vehicular offenses in Manhattan were 15% in 2022, double the previous year’s rates. 

The spike in traffic offense dismissal is linked to a controversial evidence reform law enacted by state legislators. Even Alvin Bragg, the current Manhattan DA, primarily seen as having a soft stance on crime, agrees that the new legislation is a big problem for prosecutors. 

New Discovery Laws

Due to the new evidence discovery laws, prosecuting crimes has become increasingly challenging. Under the new guidelines, the prosecution must turn off all evidence to prosecute a crime within 15 days of arraignment for felonies, misdemeanors, and traffic infractions. The longest time to turn over evidence is 20 to 35 days. 

Previously, the prosecution was obliged to turn over the evidence only when the defense lawyers requested, and there were no hard deadlines. This meant prosecutors had sufficient time to gather evidence to build a strong case. With tight deadlines and regulations coming with Gathering evidence for DWI offenses, offenders are getting away, which only encourages offending. 

For example, the prosecution must show a breathalyzer report in court. But they may also be required to produce the gadgets calibration paperwork to prove that the gadget was working properly at the time of use. Processing the paperwork can sometimes involve reviewing documents created by private entities, a process that can exceed the 15-day deadline. 

Plans To Fix the Problem

“The impact of these new reforms on DWIs and related traffic violation prosecutions cannot be overstated,” says attorney Jeffrey Lichtman. “With dismissal rates on the rise, it raises intriguing questions about what strategies the District Attorney’s Office will employ to address this trend.”

Bragg, who was an avid supporter of the reforms and specifically the evidence reforms law, said in a statement that he hopes to convince fellow progressive democratic legislators to find a common-sense fix to the problems created by the reforms while also ensuring that the laws remain fair, efficient and in the interest of the safety of Manhattans. While applauding the law’s intent, Bragg admits that the reforms have unnecessarily burdened his department. 

Changes to the discovery law are only one of the changes implemented by these reforms. Among the most controversial changes are bail reforms, which Bragg continues to support. Critics claim they have contributed to crime, releasing criminals back into the streets of Manhattan.

Understaffing Also a Problem

Bragg has attracted much criticism from opponents of the new reforms, with many not taking his change of stance seriously. According to many, the DA’s words should be taken with a grain of salt since he has not shown himself to prioritize holding criminals accountable for their actions. 

Others feel that dismissals of charges were an ongoing problem even before the reforms due to department understaffing, and the reforms only exacerbated the issue.

Also Read: The Ultimate Maldives Beach Guide for Honeymooners