AAA, others back negligent-killing-by-auto bill
AAA Mid-Atlantic will join other supporters at a noon new conference in Annapolis to rally support for a pending bill that would create a new charge of "negligent homicide by motor vehicle" that could be applied in cases where a personn's bad driving leads to the death of another.
The legislation would fill a gap between the traffic offense of negligent driving and the felony of vehicular manslaughter -- a charge that is difficult to prove without evidence of extreme negligence such a drunk driving. The new charge would be a misdemeanor punishable by a three-year prison term and a $5,000 fine.
AAA's Mahlon G. "Lon" Anderson will be joined by family members of crash victims and by General Assembly sponsors of House Bill 388 and Senate Bill 870.
Advocates contend the current law often lets drivers "get away with murder" and get only a traffic ticker. There's some merit to that, particularly because Maryland law allows someone charged wiith negligent driving to pay the fine by mail and not appear in court to face the survivors of the victim. But the three-year term for what is essentially the unfortunate result of bad driving, could be seen as disproportionate.
The law make clear that simple negligence is not enough to merit the charge. It defines thhe offense as a "failure to perceive" a risk that "consitutes a substantial deviation from the standard of care that would be exercised by a reasonable person."
That offense sounds worthy of a hefty fine, significant driver's license sanctions and community service -- penalties not available under the negligent driving statute. But three years in jail? That could end up punishing the result rather then the conduct that led to it. Somewhere there ought to be a middle ground.
Comments
We need a deterrent for reckless driving, even if it is 'normal behavior' like driving 10mph over the speed limit through a place like Baltimore. The first leg to reducing deaths is infrastructure that provides safety for all modes. But the second is forcing people to take responsibility and penalize those who don't.
I understand the impulse to say "it happened so fast, it was an act of God". And it is unfortunate. Most accidents are not the result of 'bad people' but most are the result of people behaving badly. Even if we perceive the act as relatively small it is the result of the mass of drivers doing them regularly. This is why cracking down on reckless driving is so important.
We need to punish the conduct--but also the result. Because the problem is people will never link the conduct with the result of the result gets them a ticket and possibly a guilty conscience. No one thinks they will be the ones whose excess speeding, or not stopping at a crosswalk will cause a death. We need to fix this both legally (with this bill) and with safer infrastructure.
Posted by: Fritz | March 11, 2010 4:27 PM
Dear Mr. Dresser. We invite you to interview us to learn what this bill can do. We spoke at the news conference and have been at the hearings. I don't believe that you fully understand the issues. The person who killed our son was 21, his license was suspended 3 times for a total of 16 months,and then he killed Connor, and effectively, my wife and me. This person was on the road for about 3 years and did all that! He is a Pennsylvania resident, received his suspensions there and those authorities told me that he underwent some rehab, so he knew that a vehicle could be a deadly weapon. They are shocked that Maryland doesn't have this law, since most states now have it. How much latitude do we give?!! He needs to be off the road. Period. He is still driving and never lost his license. If you had attended the hearing you would have heard prosecutors and police officers plead for the law and heard of the hundreds of cases where families are destroyed. Send me a note to talk.
Posted by: Ed Kohls | March 11, 2010 9:13 PM
Mr. Dresser: While I appreciate that you recognize that there is a seriously problematic loophole in Maryland law, I would like to clarify the penalties associated with a conviction for Manslaughter by Vehicle or Vessel -criminal negligence.
This bill clearly stipulates "not to exceed three years" Thus, it does not mean that someone who chooses to drive in a criminally negligent manner (and causes fatalities) will spend 3 years in jail. It means that upon conviction, the sentencing may/ may not include jail. If the person were to be sent to jail, it would be for no more than 3 years.
Compared to other states with similar statutes, this is relatively 'mild' and it is a misdemeanor.
Adiva Sotzsky
Posted by: Adiva Sotzsky | March 11, 2010 11:37 PM