In California, hundreds of drivers have no records of “vehicular manslaughter” or other traffic accidents related to fatal crashes in the files of the Department of Motor Vehicles (DMV). Some drivers who should have had their licenses revoked (including those involved in fatal accidents) still hold valid licenses. The DMV or state government only view traffic accidents in isolation rather than as a reflection of a driver’s long-term behavioral patterns.
All states in the United States rely on a “point system” to identify and penalize drivers who may endanger road safety. Drivers who violate traffic rules are given points, and when accumulated to a certain number, the driver may have their license revoked.
In California, the point threshold is so high that reckless drivers can escape punishment and continue to hold licenses. If a driver accumulates 4 points in a year, 6 points in two years, or 8 points in three years, their license may be suspended for 6 months.
California regulations state that using a phone while driving may not result in points deducted; a speeding ticket usually deducts 1 point; whereas driving under the influence, reckless driving, vehicular manslaughter, and hit-and-run drivers only have 2 points deducted. If you receive a speeding ticket, you can attend a DMV-approved traffic school course to have the ticket removed from your driving record.
Over the five-year period from March 2017 to March 2022, Trevor Cook received two red light violation tickets, two speeding tickets, and was found responsible for two traffic accidents, one of which resulted in injuries to individuals. However, due to the long intervals between accidents, his license was not revoked.
On April 14, 2022, a month after receiving the last speeding ticket mentioned above, Cook sped through a stop sign at over 100 miles per hour. Prajal Bista was driving a Honda Civic at the speed limit through the intersection, getting ready for his late shift. The impact was so severe that Bista’s car was nearly torn in half. He was wearing a seatbelt, but the impact was so strong that the seatbelt broke, causing Bista to be thrown about 75 feet away from the intersection, resulting in his death.
Sixteen days later, on April 30th, the DMV issued Cook his current driver’s license; and in less than two weeks, he received another ticket for running a red light. As of early 2025, Cook’s license was still valid even though he was serving time in prison and unable to drive.
Melinda Aiello, the Deputy District Attorney of Yolo County, stated her office had no knowledge of Cook’s new license or the red light violation ticket. More importantly, Cook’s conviction of vehicular manslaughter was not reflected in his DMV record.
According to a CalMatters investigation released in April of this year, after contacting 58 county prosecutors and reviewing court records nationwide, it was found that nearly 40% of drivers charged with vehicular manslaughter since 2019 still held licenses. This included a driver convicted twice of vehicular manslaughter, causing the death of a 16-year-old girl in a 2009 crash, a 25-year-old woman in a 2020 crash, and yet received another license from the DMV in 2024.
The report stated that court records and driving records indicated California overly prioritized people’s right to use motor vehicles for work and life, allowing dangerous drivers back on the roads even when someone died in a crash.
In Santa Clara County, a driver caused the death of a mother, convicted of vehicular manslaughter, yet obtained a license just a month and a half later. In Kern County, a driver struck and killed a cyclist, and less than a year later, the same driver with a valid license crashed into four slow-moving vehicles, resulting in the death of a woman in Fresno County.
In another case, a man caused the death of two women due to drunk driving, sentenced to nine years in prison. After his parole, the DMV restored his license. Subsequently, he drove under the influence of methamphetamine in Riverside County, driving in the wrong direction, colliding with another car, resulting in the death of a woman.
“To see someone commit so many crimes in California and still hold a license is shocking,” said Morgan Gire, District Attorney of Placer County. “No one truly understands what behavior warrants a license suspension.”
In 2024, California experienced nearly 4,000 fatal traffic accidents, making it the second-highest state in the United States for traffic accident fatalities (behind only Texas); causes include distracted driving, drunk driving, and reckless driving, among others.
After investigating the records of over 2,600 defendant drivers across California, including collision incidents, violation records, and license status, CalMatters found approximately 400 drivers accused of causing fatal crashes since 2019 being involved in new accidents or receiving fines, or both.
While fatal traffic accidents are related to factors such as a driver’s mental and physical state, the shortcomings of the California Department of Motor Vehicles (DMV) in handling accident records, inaction, and the state’s regulations and enforcement efforts are also significant factors.
Despite California law mandating suspension of licenses for 6-10 months for a first-time DUI conviction and three years for felons convicted of vehicular manslaughter, the DMV usually restores licenses immediately upon suspension completion (DMV has the power to review dangerous drivers and not reinstate their licenses), and the offender’s ticket, accident and suspension records are all cleared; even if the driver gets into trouble again, the DMV views the violations as isolated incidents.
In August 2009, Joshua Daugherty was speeding on a Riverside County freeway when his Ford Explorer SUV veered onto the shoulder. Witnesses said he made a sharp left turn, lost control, hit a dirt embankment, the vehicle became airborne, flipped upside down, and a 16-year-old girl sitting in the back seat died. Daugherty was convicted of involuntary manslaughter, received 180 days in jail and three years probation.
In July 2020, near Mammoth Lakes, Daugherty lost control of his vehicle, veered off, crossed lanes, and collided head-on with an SUV. His 25-year-old girlfriend, Krystal Kazmark, died. In the court records, Daugherty admitted to having smoked “a few puffs” of marijuana that morning.
“This is so heart-wrenching; he made a mistake but didn’t learn and caused another person to lose their life,” said Kazmark’s mother. “The fact that he could still drive is simply unbelievable.”
Given the prior involuntary manslaughter convictions, police recommended charging Daugherty with murder, but the Mono County prosecutor only brought misdemeanor charges. Daugherty’s license was revoked, and in January 2023, he pleaded guilty and was sentenced to one year in jail. Before going to jail, it was found that he drove with a suspended license. In July 2024, the DMV reissued his license. DMV officials stated that California does not have a procedure for “permanently revoked licenses.”
According to a CalMatters report, from 2019 to 2024, hundreds of negligent vehicular manslaughter convictions were not reported to the DMV by California courts, resulting in drivers known as “road killers” holding licenses.
In Los Angeles County, about one-third of crash conviction records did not appear in the DMV files; approximately half in Santa Clara County. After media inquiries, courts in 32 counties reported at least 275 missed conviction records to the DMV, citing human errors and technical glitches.
The court administrator of Kern County admitted to discovering 22 omitted conviction records, saying, “This is our mistake, and I won’t sugarcoat it.” Fresno County court operations manager acknowledged six underreported cases; staff traced back to 2015 and found an additional 17 unreported incidents.
On December 11, 2021, Ricardo Aguilar and another young man were street racing in Los Angeles. Around 3 p.m., his Dodge struck 21-year-old USC computer science student Arian Rahbar crossing the sidewalk, causing him to fly. Rahbar’s family said he aimed to become a medical researcher.
Aguilar was arrested about an hour after the crash and detained until December 2023 when he was sentenced to four years in prison. Amid a surge in fatal crashes in cities like Los Angeles, concerns were raised about the dangers and consequences of street racing; Aguilar was convicted of vehicular manslaughter as a felony.
However, shortly after the sentencing, he was already released, benefiting from 733 days of county jail credit and 732 days of good behavior/work credits. Additionally, until May 2025, there were no records of his crash or traffic violations on the state’s driving record, and his license remained valid.
State regulations dictate that drivers convicted of felony vehicular manslaughter should have their licenses suspended for three years by the DMV. However, the DMV usually calculates the suspension period retroactively from the conviction date, resulting in a much shorter time where drivers are license-suspended. In fact, even in the absence of a conviction, the DMV has the authority to revoke the license of a driver involved in a fatal crash, yet the agency typically does not exercise this power.
In May 2025, Jennifer Levi’s son Braun was struck and killed by a drunk driver who had multiple DUIs and arrests while walking with friends on Manhattan Beach. The Levi family’s home was destroyed in a fire in Palisades in January of this year, losing all photos and videos of Braun from childhood to adulthood. Following the fire, they moved to their current community.
California law classifies DUI-related fatalities as “non-violent crimes,” with a more severe penalty for DUI causing serious injury than for causing death.
“The worst day of my life has now become the cause I will dedicate my life to,” Levi has been in touch with officials and influential figures at all levels, including current and former legislators, local prosecutors, council members, lobbyists, and the media, hoping to push the “Braun Act,” making it easier to charge repeat DUI offenders who cause death with murder; designating DUI causing death as a “violent felony”; and increasing penalties for hit-and-run causing death.
Levi works with the Mothers Against Drunk Driving organization, saying, “I won’t stop until California makes a change.” ◇
