A bill with harsher penalties for drivers without valid licenses is alive in the state Legislature — but some want more to be done.
Anyone convicted of unauthorized driving three times would be guilty of a Class C felony under House Bill 2526. A driver’s vehicle could also be taken away.
The bill is in part a response to the death of 16-year-old Sara Yara last year. Mitchel Miyashiro, an unlicensed driver with 164 traffic offenses, allegedly struck the McKinley High School student while she crossed Kapiʻolani Boulevard in Honolulu. Yara was on her way to school.
But Yara’s mother, Chevy Saniatan, and others say the bill still allows unlicensed drivers on the road even after they’ve been stopped by police.
That’s the primary issue that they say needs to be addressed.
“Why would you give an unlicensed driver that doesn't even have a driver's license (the ability) to drive a car back on the street? You shouldn't be on the road. (Police) give them a citation and … they can drive off,” Saniatan said.
There are calls to have the bill amended so that unlicensed drivers can’t get back on the street after a stop. That includes requiring a licensed driver to come pick up a car if an unlicensed driver is stopped by police, or towing the vehicle to a safe area so that it can be picked up later.
Those who support those amendments say HB2526 in its current form wouldn’t have made a difference for Yara.
“The guy actually had 164 citations, and every time they let him (get) back to his car and drive away, and his court date was not until a couple months later. He killed Sara before he had to … start the trial process,” said Karen Cheung, of the Ward Village Moms group.
She added, “He would still have killed Sara, because the police would not have been able to stop him right away.”
Those who oppose the measure include the state’s Office of the Public Defender. In a written testimony, the office said the measure could be unconstitutional and that it would make life difficult for many residents.
“Most people who drive without a license are lawfully prohibited from getting a license because they cannot afford to pay off their court debt. Default judgments start small, but when financial constraints for living in one of the most expensive states in the union add up, the balance grows until a license stopper is triggered. All the while, the need to go to work, buy groceries, and move from one place to another demand a motor vehicle,” the office said.
It also said the bill would lead to “a spike in the mass incarceration of the poor.”
HB2526 can now be scheduled for a conference committee hearing.
