Maryland's Vehicular Manslaughter Law May Be Changing

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Our law firm keeps a close eye on Maryland's traffic laws. That's our job. As accident lawyers we deal with all types of traffic accident cases on a daily basis. In the past few years, if you have been following closely, you may be aware that some Maryland prosecutors are working to change the law. Right now, if you are a hit by a negligent driver you may be surprised to know that the at fault driver may only get a payable fine. That's right, even if the negligent driver caused a wrongful death as the result of the accident, they may only be cited for a traffic violation - not vehicular manslaughter. Prosecutors are currently working to change this law and require a vehicular manslaughter charge. Currently Maryland's vehicular manslaughter charges have three levels; starting with a three year, five year and up to a ten year sentence. The ten year sentence is typically used when the driver is considered extremely negligent and/or under the influence of drugs or alcohol. However, when attempting to charge a 10 year sentence for vehicular manslaughter being under the influence is typically not enough.  In  Maryland, the judge may want to see five factors that contributed to the accident. Such other factors would include excessive speed, the nature of injuries, and other factors. Maryland's prosecutors have been trying to get the law changed to be closer to Virginia's laws. Virginia has an additional type of vehicular manslaughter - negligent manslaughter. Maryland's prosecutors are pushing for a maximum of 25 years for vehicular manslaughter and if they can get the new legislation passed - some would like to see a maximum of 10 years for negligent manslaughter. What do you think? Are Maryland's current laws fair? If someone causes a death albeit negligently, is ten years a fair amount of time? While you think about that you should know that in Maryland vehicular manslaughter is not considered a violent crime.  Therefore, the defendant may only have to serve 25% of whatever sentenced is passed by the court. With good behavior and a clean record the defendant may only serve two and a half years in prison out of a 10 year sentence for causing a death.  

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