October 9, 2012
Generally, vehicular manslaughter (also called vehicular homicide) is defined as an occurrence of death due to the negligence of a person that is driving, operating, or controlling a vehicle or vessel. Drivers typically commit vehicular manslaughter through reckless and negligent driving, distracted driving, or driving while impaired (DWI) or under the influence (DUI) of alcohol or drugs.
With the exception of Alaska, Montana, Arizona, and Oregon, all states have statutes regarding vehicular homicide or manslaughter.
In Maryland, there are two definitions of negligence for a vehicular manslaughter charge:
- gross negligence (§ 2-209), which means that the driver had created a situation where he or she exhibited reckless disregard for human life; or
- criminal negligence (§ 2-210), which means that the driver should have been aware, but failed to realize, that her actions created a risk for a fatal accident.
However, charging someone with vehicular manslaughter is no easy feat, as it means the driver had a wanton or reckless disregard for human life in the operation of an automobile. The officer and prosecutor have to prove the driver operated the vehicle or vessel in a grossly or criminally negligent manner. The definition of gross negligence in Maryland isn’t a clear distinction; it is more subjective rather than objective.
To charge a driver with vehicular manslaughter, multiple factors must be considered, such as:
- Drinking;
- Excessive Speed;
- Fleeing the scene;
- Unusual or erratic driving before the crash;
- Failure to keep a proper lookout and failure to maintain control;
- The nature and force of the impact;
- Being drowsy (which is as dangerous as being drunk); and
- Distracted driving.
A driver convicted of vehicular manslaughter by gross negligence may be sentenced with a felony charge. The penalties may include:
- up to $5000 in fines;
- incarceration for up to ten years;
- 12 points on the driver’s license; and/or
- revocation of driving privileges.
A driver convicted of vehicular manslaughter by criminal negligence may be sentenced with a misdemeanor charge. The penalties may include:
- up to $5000 in fines;
- incarceration for up to three years;
- 12 points on the driver’s license; and/or
- revocation of driving privileges.
If you are charged with vehicular manslaughter in Maryland, be sure to contact an attorney with Cochran and Chhabra at 888-268-5515.
The law office of Cochran & Chhabra has provided this website and its content for informational purposes only. The information is not intended to be legal advice or counsel. Your use of this site and its content does not construct a lawyer-client relationship with Cochran & Chhabra. You should consult an attorney for individual advice concerning your particular situation.
