"It's unlikely" doesn't mean it NEVER happens. Keeping in mind that when someone drives at an excessive speed and kills someone and isn't charged, that's usually not news. |
The speed doesn't matter?? |
Good point. Except it is not a good point. https://law.justia.com/codes/maryland/2010/criminal-law/title-2/subtitle-2/2-209 |
Citation needed. |
That law is almost never applied to drivers who kill pedestrians, at least not in Montgomery County. In the last five years, as far as I know, only one driver who killed a pedestrian has been charged under this law, and he was drunk. |
yes it does |
You're asking me to prove a negative. I can't cite non-existent news stories about drivers who weren't charged. |
the law requires grossly negligence. Excessive speed meets that point. Hitting pedestrians is more complicated. Some pedestrians are crossing in unsafe conditions, even with the driver following the law. |
I suppose it matters, in the sense that the faster the driver is driving, the more confident a prosecutor feels that they'll be able to prove recklessness and/or negligence. But there aren't any speed thresholds in Maryland statute like in Virginia statute. |
*gross negligence |
Between this case and the Baltimore Beltway case, changes in the law will be coming. |
If you're a non-drunk, speeding driver who hits and kills a pedestrian in a crosswalk, at most you'll be charged with negligent driving, not grossly negligent driving. |
[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]This area deserves everything it gets based on the elected officials who are soft on crime and want to reduce any police involvement further. This criminal should have already been in jail based on the number of citations alone.[/quote]
Since when have people been jailed for traffic citations? They're not jailable offenses.[/quote] DP. He's got a couple citations that are. Knowingly driving without insurance and fleeing and eluding can both carry jail time. Why he wasn't arrested on those is a question for the police who issued the citations, though. [/quote] 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.[/quote] Not the case in Maryland. Reckless driving is not an incarcerable offense.[/quote] In Maryland, would excessive speed resulting in the amputation of this officer's legs likely result in incarceration?[/quote] If the driver hit the officer on purpose, or the driver was drunk, then yes. Otherwise, no. [/quote] I thought it was already established that he hit the officer on purpose.[/quote] 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.[/quote] Good point. Except it is not a good point. https://law.justia.com/codes/maryland/2010/criminal-law/title-2/subtitle-2/2-209[/quote] That law is almost never applied to drivers who kill pedestrians, at least not in Montgomery County. In the last five years, as far as I know, only one driver who killed a pedestrian has been charged under this law, and he was drunk.[/quote] the law requires grossly negligence. Excessive speed meets that point. Hitting pedestrians is more complicated. Some pedestrians are crossing in unsafe conditions, even with the driver following the law. [/quote] If you're a non-drunk, speeding driver who hits and kills a pedestrian in a crosswalk, at most you'll be charged with negligent driving, not grossly negligent driving.[/quote] Totally disgusting lack of consequences. |
Purposefully or not, driving at excessive speeds and causing someone's loss of life, or in this case two legs, should absolutely result in incarceration for a very long time. |
Truly unbelievably lax laws in MD. |