OPINION: Delegate Bromwell Supports Stronger Penalties for Negligent Driving

Editor's Note: Democratic Delegate Eric Bromwell of Legislative District 8, which includes parts of Perry Hall and Parkville, submitted the following opinion editorial as a letter to the editor.

Believe it or not, under current state law the toughest punishment for negligent driving is a traffic citation, a fine, points on his or her driving record or all three.   The only exception is proof that the driver was “grossly negligent” in causing a death. The punishment for grossly negligent driving that causes a death is conviction of a felony and maximum penalties of imprisonment for 10 years and/or a fine of $5,000.

However, “gross negligence” is such a high standard that it is virtually impossible to prove. In the State v. Kramer in 1990, the Maryland Court of Appeals said that to prove “gross negligence,” the evidence must be sufficient, beyond a shadow of a doubt, to establish that the driver had a reckless disregard for life in the operation of the automobile. The driver’s conduct would have to be extraordinary to meet standards of gross negligence. Therefore, in negligent driving cases that take a life, prosecutors are usually left with no choice but to issue a driving citation and hope that the MVA will assess points against the driver’s record and that the court will make the driver pay a fine. 

In fact, grossly negligent driving could not be proven when a driver crossed the yellow line and struck Rick Moser, without even applying the brakes. In 2007, Moser, a State Highway Administration worker, was wearing a safety vest while clearing debris from the side of a highway ramp in a marked work zone.   Tragically, Moser was killed on impact and thrown 175 feet into a grassy median area. There was no dispute that the accident was preventable. Yet, grossly negligent driving could not be proven. The driver was merely given a ticket for one count of negligent driving.

Because of many such incidents, it was clear that the law had to provide a new charge. When the governor signs a bill approved by the General Assembly in 2011, the law will be changed on October 1 to provide a new charge. The new law provides another charge that prosecutors can use when someone is killed as a result of a driver’s negligence. The new charge changed negligent driving from a moving traffic violation to a serious crime. If a prosecutor can show that a reasonable person would have known that such negligent driving created a risk that someone could be killed, that driver would be found guilty of a misdemeanor and face up to 3 years imprisonment and a fine up to $5,000. Families who lose a loved one as a result of a driver’s negligence will no longer have to see the court punish the driver with a traffic ticket in the State of Maryland.

Please do not hesitate to contact me on this or any other legislative issue of concern to you. I continue to encourage and welcome your input.