One school of thought is that the bill as now drafted could further codify a New York legal standard that is so high that deadly drivers are almost never prosecuted by law enforcement officials. If the bill's definition of "aggressive driving" does not sufficiently encompass much of the behavior causing mayhem on the streets - and it's not clear that it does - prosecutorial inaction will remain the norm.

Still, the legislation's advent may be an opportunity to make inroads into this problem. It's clear this is badly needed. Lawyers in Bronx District Attorney Robert Johnson's office told the Daily News this month that the precedent applied to criminally negligent homicide, the lowest possible charge in a traffic fatality case, is that the driver must be violating at least two traffic laws to be charged. Pedestrian advocates charge that this "rule of two" shields all but the most egregious motorist offenders from any accountability for their actions behind the wheel. District Attorneys in effect wink at irresponsible motor vehicle operation by classifying nearly everything as an accident.

Although hard data on rates of prosecution is hard to come by, information obtained recently by City Council member Anthony Weiner about 1995 Brooklyn pedestrian fatality cases indicates that felony-level indictments were sought in fewer than five of about 70 cases. Only two appeared to be cases where someone broke traffic rules and killed a pedestrian in a situation uncomplicated by drugs, alcohol or commission of other crimes. Data on 1989 and 1990 Manhattan cases obtained by Charles Komanoff and Transportation Alternatives showed 5 prosecutions out of 183 pedestrian fatalities. Four involved DWI and the fifth was a hit-and-run.