A proposed law that would make motorists thrice convicted of driving without a license within five years guilty of a felony will go to Gov. Josh Green’s desk for his signature.
The bill, known as Sara Yara’s law, was introduced by House Speaker Scott Saiki, an urban Honolulu Democrat. The legislation is named for a 16-year-old McKinley High School junior who was killed in a hit-and-run collision on Feb. 15, 2023, while walking to school in a marked crosswalk on Kapiolani Boulevard near the Honolulu high school. A friend accompanying Yara was injured in the crash.
The alleged driver, 46-year-old Mitchel Miyashiro, is a habitual traffic offender with more than a dozen arrests for driving without a license. He has pleaded not guilty to first-degree negligent homicide, two counts of leaving the scene of an accident causing death or serious bodily injury, and driving without a license.
Trial is set for Sept. 30, and Miyashiro remains in custody at Oahu Community Correctional Center in lieu of $250,000 bail.
Saiki, who represents the district where the tragedy occurred, said he was prompted to introduce the measure to hold irresponsible drivers accountable.
“In working closely with the school and community, we have made strides in improving traffic safety through the installation of speed humps and a red-light camera in high pedestrian and vehicle zones,” Saiki said Friday in a statement. “The focus now shifts toward reforming the legal process for habitual traffic offenders. Stronger penalties could prevent future tragedies from occurring.”
A person convicted of driving without a license or driving after their license is suspended or revoked currently face only a misdemeanor for each offense.
Under the proposed law, a first conviction in a five-year period for driving without a license or after the license is suspended could result in 30 days in jail. A second conviction in the same period could lead to a year behind bars. And a third conviction within a five-year period would constitute a Class C felony, punishable by up to five years in prison. The court also could order the vehicle seized for forfeiture upon the third conviction.
“This bill will contribute significantly to making our roads and highways safer,” Honolulu Prosecutor Steve Alm said in testimony submitted April 4 to the Senate Judiciary Committee.
Others testified in favor, but wanted an amendment for the vehicle to be confiscated.
Yara’s mother, Chevylyn Saniatan, said in written testimony she doesn’t understand why the law, as written, will “still allow a person to drive off until he or she is pulled over for the third time when their vehicle is taken or towed away.”
“Why do you not see a problem with this (when) the first or second time would still allow an unlicensed driver to get into an accident,” Saniatan said.
“All I ask is that this unlicensed driver call someone with a license to drive the vehicle home or get it towed. … I can no longer bring my daughter back, but with consequences to an action of an unlicensed driver (it) would make them think twice before getting behind the wheel and we could save more lives.”
The only written testimony in opposition came from the state Office of the Public Defender, which said the measure, if passed, would “perpetuate poverty” and “cause a spike in the mass incarceration of the poor.”
“This will not stop people from driving without a license,” the public defender testified. “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.”
If Green doesn’t sign the bill, it would become law without his signature if he doesn’t veto it. Upon enactment, the law takes effect July 1.
Email John Burnett at jburnett@hawaiitribune-herald.com.
