As you say. |
I don't know the law in MD, but in Virginia reckless driving is a class 1 misdemeanor and can carry up to 12 months in jail. So at least the criminal code has the option. In Fairfax you used to get a day in jail for every mile over 90 but I don't know if that's still the case. The looks on people's faces when the judge told them that was priceless. |
We're raised a generation in which too many kids don't think consequences for their actions apply to them. |
The law is different in Maryland. |
Reckless driving in VA is defined by either speed in excess of 85 mph or 20+ miles over the posted limit. There is no discretion. In MD, reckless driving is defined by “wanton disregard” so it is subjective and would require a referral for prosecution. I think it typically is reserved for accidents. |
Not the case in Maryland. Reckless driving is not an incarcerable offense. |
In Maryland, would excessive speed resulting in the amputation of this officer's legs likely result in incarceration? |
The charge is first degree attempted murder with a maximum penalty of life in prison. |
Exactly. We are beyond traffic court now. He used his car as a deadly force and attempted to kill someone. |
If the driver hit the officer on purpose, or the driver was drunk, then yes. Otherwise, no. |
I thought it was already established that he hit the officer on purpose. |
No, it hasn't been established. The police have said it, and he's been charged with it, but those are not the same thing. But the point is, if you're driving at an excessive speed, and you're not drunk, and you hit and kill someone not on purpose, then it's unlikely that you will wind up in jail. |
I’ve often wondered this myself. I don’t believe there is a single road in America where one can lawfully drive 100+ mph, but somehow we have turned a blind eye to manufacturers selling muscle cars and sports cars capable of hitting nearly 200mph to any jackass who can afford the down payment. |
I guess the prosecutor will decide whether they want to proceed. |
That's not true. When the Baltimore Beltway construction workers were killed in March both drivers were charged, jailed and have a total of 55 charges brought against them. Neither was drunk. One had THC in her system from the day prior. Both were driving over 120 MPH. Their cases have not yet went to court, but one driver (with THC in system) was held without bail. Both are facing manslaughter charges, and serious jail time. The second driver is on house arrest until trial. |