Driver in fatal accident receives fine [$140???]
By Joe Aiello, Capital Gazette
The driver in an accident that killed a 24-year-old Bowie woman in 2011, pleaded guilty to negligent driving and received a probation before judgement and a $140 fine.
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At the time of the accident there were no negligent homicide laws that Goad could have been charged with so the most serious charges filed against her were negligent driving.
John Erzen, communications director for the State’s Attorney’s Office said, “Our charging decisions are based on the evidence we have.”
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<a href="http://www.capitalgazette.com/bowie_bladenews/news/driver-in-fatal-accident-receives-fine/article_41f75466-f15f-5ef4-9c2c-deceb3bb13ec.html">http://www.capitalgazette.com/bowie_bladenews/news/driver-in-fatal-accident-receives-fine/article_41f75466-f15f-5ef4-9c2c-deceb3bb13ec.html</a>;
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[B' Spokes:
§ 2-210. Manslaughter by vehicle or vessel -- Criminal negligence
(a) "Vehicle" defined. -- In this section, "vehicle" includes a motor vehicle, streetcar, locomotive, engine, and train.
(b) Prohibited. -- A person may not cause the death of another as the result of the person's driving, operating, or controlling a vehicle or vessel in a criminally negligent manner.
(c) Criminal negligence. -- For purposes of this section, a person acts in a criminally negligent manner with respect to a result or a circumstance when:
. (1) the person should be aware, but fails to perceive, that the person's conduct creates a substantial and unjustifiable risk that such a result will occur; and
. (2) the failure to perceive constitutes a gross deviation from the standard of care that would be exercised by a reasonable person.
(d) Exception. -- It is not a violation of this section for a person to cause the death of another as the result of the person's driving, operating, or controlling a vehicle or vessel in a negligent manner.
(e) Violation. -- A violation of this section is criminally negligent manslaughter by vehicle or vessel.
(f) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 5,000 or both.
Let's see if I get this right, failing to drive in your lane + driving on the shoulder is NOT a conduct that creates a substantial and unjustifiable risk to cyclists??? And that is NOT a gross deviation from the standard of care that would be exercised by a reasonable person???
And the State legislature want's to require us to wear a helmet while drivers get a $140 fine for killing a cyclist with a helmet??? This is not right!]