CR 2-209: Negligent Manslaughter by Motor Vehicle

Maryland has harsh criminal laws that can severely punish individuals who are involved in fatal car accidents.  There is no bright line rule or requirement that police officers are required to follow when considering charging someone, which means it often comes down to a subjective determination by the State or an incomplete and biased opinion by police.  Accidents happen, and it’s extremely sad when there is a fatality, but it does necessarily mean that someone is criminally liable and needs to be prosecuted.  The most serious non-alcohol or drug related motor vehicle manslaughter charge is felony negligent manslaughter under Maryland Criminal Law 2-209.  This offense requires the State to prove the defendant drove a motor vehicle in a grossly negligent manner and as a result of grossly negligent driving killed an individual.  Grossly negligent is defined as driving a vehicle in a way that creates a high degree of risk and shows a reckless disregard for human life.  The law also requires the driver to be aware that his or her driving has created that risk.
Criminal Law Section 2-210 is the lesser included misdemeanor version of manslaughter by vehicle.  The title of this offense is criminally negligent manslaughter, which confusingly may sound worse than gross negligence.  Unlike felony gross negligence, criminally negligent manslaughter is a misdemeanor with a 3-year maximum penalty.  Criminally negligent means the defendant should have been aware but failed to perceive that his or her driving created a substantial and unjustifiable risk to human life.  This failure must have been a gross departure from the conduct of a reasonable person under similar circumstances.  Simple carelessness is not enough to prove this offense.  You can see that the language does not contain the phrase “reckless disregard for human life”, which is the main components of felony vehicular manslaughter.
 
These case typically involve a lengthy criminal investigation, which means the defenses and weaknesses of the State’s cases can differ greatly.  Obviously, the State would first have to prove the defendant was the driver before anything else.  Most of the time drivers involved in these incidents remain on scene and are cooperative, but there certainly can be exceptions that can open up new defenses.  Causation is perhaps the strongest defense in a negligent manslaughter case.  Just because a driver is speeding or distracted does not mean he or she would have been able to avoid the accident.  The State must prove beyond a reasonable doubt that the defendant caused the death of the victim through his or her gross negligence.  A good defense will not only attack the causation but also the lack of proof the conduct demonstrated a reckless disregard for human life.
 
Under Maryland law manslaughter by motor vehicle with gross negligence is a felony with a 10-year maximum jail sentence.  The sentencing guidelines are harsh for this offense, as a defendant with no prior criminal record would be looking at 3 months to 4 years of incarceration upon conviction if the judge gives a guideline sentence.  If the case does not go to trial the parties could always come to an agreement where jail time is off the table.
 
Benjamin Herbst is an experienced Maryland vehicle manslaughter lawyer who has successfully defended both gross negligent charges under 2-209 and criminal negligent manslaughter charges under criminal law section 2-210.  He has achieved jury trial acquittals through intense cross examination of the State’s accident investigators and has experience working the defense accident reconstruction experts.  Contact Benjamin anytime for a free consultation at 410-207-2598.