Prosecutors fight for changes in traffic laws

Negligent driving at times only traffic violation

Wednesday, Nov. 12, 2008

"Prosecutors don't write the laws," said Calvert County State's Attorney Laura Martin. Negligent driving, such as talking on the cell phone or not paying attention, would be considered a payable traffic ticket, even if the actions lead to an accident that results in death, she said.

"It's a very frustrating part of the law. We're trying to change it," Martin said. As Maryland law stands now, vehicular homicide or manslaughter has three levels, with the most severe offense holding a maximum of a 10-year sentence, followed by a five- and three-year maximum sentence for offenses that are deemed less severe. The most severe charge must prove evidence of driving under the influence of alcohol or a controlled dangerous substance and "grossly negligent conduct" under the current laws, Martin said. It's a very high standard to meet and it's not considered a violent crime, she added.

Nine factors have been cited in case law that the court outlines for vehicular manslaughter: drinking alcohol, excessive speed, flight, nature and force of impact, nature of injuries and damage to vehicle, environment, presence or absence of skid marks, unusual or erratic driving and failure to keep proper outlook and maintain control. A judge would want to see at least five factors to convict for vehicular manslaughter, said Assistant State's Attorney Andrew Rappaport, who prosecutes these types of cases.

"Driving under the influence is not enough, they have to do something else," Rappaport said. Both Rappaport and Martin said they advocate for tougher laws and stricter penalties for vehicular manslaughter. State's attorneys have been lobbying the state to enact a law similar to Virginia legislation that has another level of vehicular manslaughter — negligent manslaughter — Martin said. It didn't make it past the state's judicial committee last time, but they will try again, she said. Many of the state's legislators are defense attorneys so it has been difficult, she added.

The state would like to see higher sentencing guidelines with a maximum penalty of 25 years for the most severe vehicular manslaughter, Martin said. And a maximum sentence for negligent vehicular manslaughter would be 10 years, Rappaport said.

The penalties for vehicular manslaughter in the state are "insignificant," he said. "It's the worst part of my job, explaining to grieving victims," Rappaport said.

Someone is taken away quickly and "it seems like murder to the victims and us [state's attorneys]," he said. But the law says it is not a violent crime and the maximum is 10 years, he added. "It seems like a crime in itself, 10 years maximum."

It's a conscious decision to drink or use PCP and then drive, Rappaport said.

Rappaport mentioned the Darren McCoy case, in which McCoy entered an Alford plea (that does not admit guilt, but says the state could prove the charges) to first-degree assault and two counts of vehicular manslaughter from an accident after a high-speed police chase. McCoy's maximum sentence could have been 25 years for the first-degree assault charge stemming from swerving at police but just 20 years for the two deaths; It doesn't make sense, he said.

Vehicular manslaughter not being considered a violent crime in Maryland also allows the defendant to serve just 25 percent of his or her sentence if he behaves well during incarceration, Martin said. It is part of a parole-probation policy, she said. If the crime is considered violent, at least half of the sentence needs to be served before parole or probation.

Martin said the state's attorneys' office is considering hiring a lobbyist to advocate changing some of the laws that state's attorneys feel are too lenient.

charvat@somdnews.com