ANNAPOLIS – The Senate is expected to take up a bill to criminalize fatally aggressive driving later this week.
Under the proposal, drivers who kill someone while committing three of seven specific aggressive driving maneuvers – including running a red light, improperly changing lanes, tailgating or speeding – could be charged with a misdemeanor.
“The (existing) law does not provide for criminal sanctions above and beyond traffic citations,” said Montgomery County State’s Attorney Douglas Gansler, a backer of the legislation. “But, the laws have not been reframed for the advent of cars.”
Under current law, fatally aggressive drivers could face a traffic citation, or be charged with manslaughter, which would require a prosecutor prove the driver acted with gross negligence, Gansler said. Gross negligence is difficult to show, he said, making manslaughter cases “all but impossible” to prove.
The bill by Delegate Sharon Grosfeld, D-Montgomery, would impose a possible three-year sentence and up to a $5,000 fine. SB 218 also imposes points on a violating driver’s license for excessive speeding.
Grosfeld has sponsored similar legislation for the past five years. She said such incidents are “a serious and growing problem” by virtue of increased cars and traffic.
“A car can absolutely be used as a weapon,” said Grosfeld. “It is like using a loaded handgun. I see more people running red lights than there were three years ago.”
Four times the number of deaths occur on roadways than common street slayings, Gansler said, and increasingly the incidents are occurring on residential roads.
An identical bill was filed in the House by Delegate Paulene Menes, D-Prince George’s.
During recent Senate Judicial Proceedings hearings, a group called One Less Car, said it supported the legislation as part of its mission to protect pedestrians and bicyclists.
One Less Car Executive Director Peter Olsen said many car-pedestrian or car-bicycle accidents are preventable, and 19 percent of the state’s road fatalities are bicyclists and walkers.
The Office of the Public Defender opposes the bill saying the language is too broad, covering something that could amount to nothing more than mere negligence.
The Public Defender’s written statement also questioned whether a driver should automatically be liable where it’s unclear the vehicle directly caused the death.
“The law would provide the ability to prosecute people who are intent on driving aggressively,” said Gansler. “There are consequences to aggressive driving. You take innocent lives, you are penalized as criminals.”