|
From time-to-time, local media outlets here in Charm City will seek an attorney to provide legal commentary on a particular ongoing case of interest. Last night was one of those times, as I was interviewed by Fox 45, WBFF TV.
Specifically, Fox 45 wanted an attorney's opinion on the tragic case of a Johns Hopkins student who was struck and killed by a car recently. The person suspected of striking the student has not (at least not yet) been charged with automobile manslaughter, which carries up to 10 years in prison. He was however charged with a variety of traffic infractions, including negligent driving. Here's where things get interesting. Negligent driving, under Maryland law, does not carry any possibility of jail, but is rather a fineable offense only. The state quickly dropped the negligent driving charge after it was charged in this case: why, one might ask? Because, of a possible double jeopardy issue. To be guilty of negligent driving, one must operate a motor vehicle in a careless or imprudent manner. To be guilty of automobile manslaughter, one must operate a motor vehicle in a grossly negligent manner, resulting in the death of another. Thus, an indispensible element of the higher offense (automobile manslaughter), is negligent driving (the lesser offense). So, in this case, had the state not dismissed the negligent driving charge, the suspect could have simply paid that ticket off and then, if the state later charged him with automobile manslaughter, argued for dismissal of that offense under double jeopardy principles, seeing as his paying the negligent driving fine would be tantamount to a conviction, therefore meaning that he could not be re-tried for automobile manslaughter (requiring proof of negligent driving), as he had already been adjudicated guilty of previously of negligent driving. (Double jeopardy prohibits a defendant from being tried a 2nd time for an offense that he has already been found guilty of). This is somewhat technical, and perhaps not easily understood, but the bottom line is that had the state not dropped the negligent driving charge in this matter, the suspect could have killed the victim and faced a maximum penalty of a $280.00 fine. |
Topics
2 Felony Drug Cases=0 Prison Time Recent UpdatesMarch 17, 2011 Web ResourcesFindLaw |
Search
The Law Office of Flynn M. Owens
200 E. Lexington Street
Suite 1300
Baltimore, MD 21202
200 E. Lexington Street
Suite 1300
Baltimore, MD 21202