The family of Ryo Oyamada, the 24-year-old Japanese student who was fatally struck by a police officer in 2013, is requesting that the Department of Motor Vehicles hold a safety hearing next month to determine whether the cop should be allowed to keep his driver's license.

Though these safety hearings are required by law to be held within one year of a fatal accident, the DMV has not scheduled one for Officer Darren Illardi, who struck and killed Ryo in Queensbridge in February 2013. Despite inconsistencies in Illardi's story that were exposed by witness accounts and surveillance video, Illardi has been cleared of wrongdoing by the NYPD. At this point, a safety hearing is the Oyamada family's best hope at seeing at least a tiny modicum of justice while waiting on a federal lawsuit.

The Oyamadas' attorney, Steve Vaccaro, contacted the DMV today to request the department hold a hearing when the family returns to the United States to attend a two-year anniversary memorial ceremony in Queens. "These hearings can be a powerful tool to win accountability for sober reckless drivers," he told us last month.

Vaccaro says that the DMV can opt to forgo a Safety Hearing if the police version of events shows that the victim is primarily responsible for a crash. Initial NYPD reports claimed, among other things, that Ilardi's emergency lights were activated and engaged at the time of the crash—that claim has been disputed by a surveillance video, and Vaccaro hopes the DMV will re-examine evidence suggesting fault on the part of Ryo.

In addition, after the DMV voided the tickets of a driver who killed 3-year-old Allison Liao in 2013, the agency put out a statement confirming that "whenever a fatal accident occurs anywhere in the state, the DMV schedules a special safety hearing." Vaccaro plans to hold the DMV to their statement, noting that public outcry nudged the DMV into holding a hearing for both the Liaos and the family of slain cyclist Mathieu Lefevre.

"The question is, will they hold a safety hearing while the Oyamada family is in New York," Vaccaro told us today. "Part of a safety hearing is giving the family the opportunity to be present." Vaccaro also hopes Ilardi’s partner, Police Officer Carman, will be called to testify. "We haven't identified any eyewitnesses from the crash, since police dispersed them from the scene," Vaccaro said. "One of the things that we allege reflects a cover-up by police. However, Police Officer Carman was in the car. He has testimony to give, and we believe he should give that testimony at the hearing. We think if that testimony is presented, it's going to shed light on the questionable practices of the NYPD in investigating this crash."

Yesterday, the Oyamada family's case was presented at a hearing in federal court, where Vaccaro petitioned to have Carman's testimony along with the testimony of certain other police officers produced in "publicly disclosable form." Currently, the only testimony available is Ilardi's. "We think that information should be made public. The public has right to know, particularly in context of all discussion going on about NYPD in its role. It is salient and important that the public know how NYPD investigates wrongdoing when one of their own is accused."

The DMV has not responded to request for comment.