After spate of hit-and-runs, startling figure emerges: 1 in 5 fatal crashes involve unlicensed drivers

“I was like amazed that this guy is still driving, amazed why he is not behind bars,” she said.
Published: Feb. 22, 2023 at 6:08 PM HST|Updated: Feb. 23, 2023 at 12:37 PM HST
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HONOLULU (HawaiiNewsNow) - There’s growing pressure to crack down on unlicensed drivers in Hawaii as experts estimate they’re involved in roughly 1 in 5 fatal traffic crashes in the islands.

At the same time, public defenders are calling for reduced penalties for the offense ― because defendants are clogging the courts.

Being unlicensed doesn’t automatically make a driver more dangerous.

But like hit-and-run suspect Mitchel Miyashiro, many people lose their license because of bad driving behavior in the past and that makes them much more likely to be involved in a deadly accident.

Before being arrested for the death of McKinley High student Sara Yara last week, Miyashiro had more than 160 traffic cases ― including 12 driving without a license charges since 2018.

Yara’s mother, Chevylyn Saniatan, was shocked to hear about the suspect’s record.

“I was like amazed that this guy is still driving, amazed why he is not behind bars,” she said.

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Last August, another unlicensed driver allegedly killed visitors Ron and Michelle Hartman on Oahu’s North Shore. And according to Honolulu Deputy Prosecutor Mark Tom, those aren’t isolated examples.

“According to the state Department of Transportation, 19% of all traffic fatalities involves unlicensed drivers,” Tom told the Senate Transportation Committee.

In fact, the state DOT told Hawaii News Now that unlicensed drivers were involved in 13.7% of fatal accidents in 2019, 19.3% in 2020 and 25.2% in 2021.

That startling statistic ― that nearly one in five fatalities involves an illegal driver ― came out during a hearing in which public defenders asked to decrease the penalty for driving without a license because of the burden on their office and the court system.

The Honolulu Police Department said it issued 8,117 citations and made 386 arrests last year for driving without a license.

Because the misdemeanor criminal charge has jail as a potential sentence, defendants are entitled to a lawyer.

Public defenders said the requirement for legal representation and multiple hearings are a burden. Chief Deputy Public Defender Lee Hayakawa recommended taking jail off the table to clear up the logjam.

There’s growing pressure to crack down on unlicensed drivers in Hawaii as experts estimate they’re involved in roughly 1 in 5 fatal traffic crashes in the state

“It would dramatically change the way District Court runs,” Hayakawa said in the Feb. 9 hearing.

“It would not clear the calendar but you know, any kind of backloads are in the district court, I think would all get disappeared in no time.”

He said the backlog has led to many cases being plea bargained to avoid trials. He said clearing the calendar would help the courts focus on more serious offenses.

Hit-and-run suspect Miyashiro had several plea bargains, including one that reduced a driving without a license charge from a seventh offense to a second offense. He never faced jail.

State Sen. Chris Lee said he was open to decriminalizing a first offense ― with mandatory stiffer penalties for repeat offenses. But the prosecutor said that would shift the burden to police officer who make the arrest.

“HPD would have to, on the spot, look at their record and see that they had a first offense and then issue that citation as a must appear (in court) ticket similar to how it is now,” Tom said.

Given recent deaths there is pressure to do something.

Ed Sniffen, state director of Transportation designee, said higher fines might be a deterrent. But he agrees enforcement is the big challenge.

“All those questions out there would make me pause and wonder if those people should be out there because of safety,” Sniffen said.

Yara’s mother was more direct.

“I mean what is with the law?” Saniatan said.

“I’m disappointed. It could have prevented my daughter from dying.”