Driver sues DMV over agency taking too long to restore license
By Maria Rocha-Buschel
The Con Edison employee who fatally struck an elderly Stuyvesant Town resident on Avenue C at East 16th Street in 2013 had his license revoked this past August as a result of the incident. He’s since filed a lawsuit because he felt that the Department of Motor Vehicles wasn’t processing his application to reinstate his license quickly enough.
Streetsblog NYC reported on Tuesday that the driver, Andrew Franco, was found guilty of careless driving, meaning that 88-year-old Stella Huang likely had the right of way when Franco hit and killed her around 5:15 p.m. on November 27, 2013. The Daily News reported that the decision was only handed down this past August, almost three years after the accident, following multiple hearings and an appeal, and that Franco filed the lawsuit against the DMV last Friday.
According to Streetsblog, drivers in New York State usually have to wait a minimum of six months to have their driving privileges reinstated after their license is revoked, but the DMV decided that Franco would be eligible to have get his license back after only a month, meaning that he could apply to get his license back by September.
Despite the DMV’s ruling, when he asked how to get his license reinstated, Franco was evidently told it would take “at least six months” anyway due to a backlog of work at the agency. The Daily News reported that Franco’s lawyer, Michael McNulty, argued that Franco was only found guilty of one summons, which was not exercising enough care, and should get his license reinstated immediately.
McNulty said that the delay is “shocking,” especially since Franco needs his license to work and he reportedly has a good record. McNulty requested that the court reduce the penalty to a suspension, which is less severe than a license revocation and allows drivers to get their license back after a certain period by paying a fee.