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Do not be afraid of the police: traffic offenders continue to rage on the roads and take victims

The case of 12-year-old Barak Khoury, who was run over to death on the eve of Yom Kippur by a driver with previous offenses, is the latest in a series of incidents reminiscent of the state's helplessness towards serial traffic offenders.

Despite the dire situation and the provisions set out in the law to deal with the phenomenon, the punishment remained inadequate

Tags

• car accidents

• knocking down

• driving under the influence

Keenan Cohen and Yael Friedson

Wednesday, 22 September 2021, 06:45

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The accident on the eve of Yom Kippur, in which 12-year-old Barak Khoury was run over to death by Eran Azulai, who has previous convictions, paints a grim picture of helplessness on the part of the state regarding the punishment of serial traffic offenders. Despite the dire situation, the police use very little punishment.

Thus, for example, according to section 40A of the Traffic Ordinance, the court must impose a "minimum penalty" of at least ten years disqualification on a "time driver" who has been convicted for the third time in ten years of serious traffic offenses. The section was enacted in 2008 following a proliferation of road accidents.

Courts use the clause, but not often.

Only recently has the Supreme Court heard a ruling in which the State Attorney's Office demanded that the statutory penalty be imposed on a driver convicted of driving while disqualified under a plea bargain, and his defense attorneys argued, among other things, that this was selective enforcement.

The state and defense attorneys were divided over the interpretation of the law;

If an indictment for several different events is divided into one conviction or several convictions for which one sentence is imposed.

More on Walla!

The death of a 12-year-old near Givat Shmuel: The driver was under the influence of alcohol

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Run over to death on the eve of Yom Kippur.

Barak Khoury (Photo: Courtesy of the family)

"The legislature therefore established an arrangement that could reduce the court's discretion in sentencing for serious traffic offenses, with the defendant's previous convictions indicating his intentions to commit other similar offenses, at the risk of human life," the Knesset committee said. "All this, in order to stop the phenomenon that occurs after a serious accident, then discover that the same driver had dozens of convictions, among them serious traffic offenses."

In 2005, the then Minister of Transportation, Meir Sheetrit, submitted the main points of the "Committee for the Preparation of a Multi-Year National Road Safety Plan" - or in its other name - the "Sheinin Committee", which included some of the best road safety experts.

Between the clauses of the plan, there are several lines that lead to the understanding that many people have paid with their lives due to the non-implementation of the committee's conclusions, or their poor implementation.

"There is a large gap between the maximum sentence, which exists in law, and the actual sentence imposed by the courts. There is also a gap between the minimum sentence, set by law, and the actual sentence. The sentence in many cases does not reflect the risk and damage caused by traffic offenses." Written in the committee's conclusions.

Many deaths could have been avoided with the help of enforcement.

Accident scene on Road 65 (Photo: Official website, Fire and Rescue Tiberias)

In August 2020, the report of the Knesset Research and Information Center regarding the scoring method in traffic offenses mentions, among other things, the existence of a "computerized database of convictions for traffic offenses." This tool is called the "offense register" and is in the hands of the Licensing Division of the Ministry of Transportation. The source of information for this registry is the police, who also transmit data relating to offenses of using a dangerous drug by a driver’s license holder, as well as drivers seeking to be tried for traffic offenses.

When it comes to targeted enforcement and monitoring of "disaster-prone" drivers, the state and law enforcement agencies have the tools to locate and track drivers who accumulate a list of convictions of dozens of traffic offenses over a period of a few years. However, this path of information flow, it seems, is one-way and leads to the adoption of "corrective measures" only after the fact, instead of creating a "mapping" of the relevant risk factors and their targeted monitoring. Thus enforcement continues to work with the general network method, even when it can be activated in a more targeted manner.

The flow of information is only after the fact.

Accident on Road 77 (Photo: Official website, MDA)

Regarding the light hand and revolving door of the traffic courts on life-threatening traffic offenders, here one can only note with disappointment that the driver who caused the accident in which the 12-year-old from Ramat Gan was killed was caught and convicted in 2015 for drunk driving, misconduct and causing an accident.

The sentence was 350 hours for public benefit, disqualification of the license for a year and a half, probation and a fine as a result of a plea bargain.

In July, Ophir Kahana, 57, from Kibbutz Kabri in the north, collided with a police car and an owl test revealed that his body contained three times the amount of alcohol allowed.

Immediately after the arrest, it became clear that Kahana had 24 driving convictions in his past.

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