New Md. traffic laws start Oct. 1

By DUSTIN HOLT Staff Writer The Star Democrat

EASTON Law enforcement agencies and traffic safety advocates gear up for the start of three new state traffic laws, set to go into effect Saturday.

This year, the Maryland General Assembly passed the manslaughter by vehicle or vessel-criminal negligence law, use of a text messaging device law and the Drunk Driving Reduction Act.

The manslaughter by vehicle or vessel-criminal negligence law created a criminal negligence standard for drivers who cause an accident by gross deviation of standard of care, resulting in a death of another person, according to the law. A conviction would be a misdemeanor with a maximum sentence of three years in jail.

Supporters of the law believe it fills a loophole for drivers who cause accidents where someone dies that does not fall under automobile manslaughter, a more severe law.

Talbot County Sheriff Dallas Pope said the new law brings accountability for victim's rights.

"It holds people more accountable for the loss of a life," Pope said. "Before now, if someone's error causes another person to loss their live in a crash, the most we could do may only be a simple ticket with a fine to the driver. There has not been a middle road to charge people more than a fine."

Talbot County State's Attorney Scott Patterson said the Maryland State's Attorney's Association argued against the law.

"It's a bad law," Patterson said. "It's a confusion law that essentially uses similar language to the automobile manslaughter. The criminal negligence law is based on gross deviation of standard of care. Automobile manslaughter is based on gross negligence. A jury will confuse the two laws and people will receive lesser sentences."

"I think the legislators failed miserably with this one," he said. "They messed up by using the same terms between both laws. It will make it harder to get an automobile manslaughter conviction. The law does not address the hole."

Pope said the bill is a work in progress.

"You will likely see more weighted consequences to enhance this bill in the future," Pope said. "Right now, it's a short term remedy for victim's families. The law is at a starting point with long term plans when we see how it plays out in the near future."

On Oct. 1, drivers will no longer be allowed to read text messages while driving, expanding the law on usage of a text message device while driving. The initial legislation prohibited writing and sending an electronic message.

The law also becomes a primary offense, which means police will not need to see another driving offense to ticket drivers for texting while driving.

"Anytime we eliminate distractions from drivers is a positive thing for the community," Maryland State Police Lt. Steve Elliott, Easton Barrack commander, said. "Focusing on the road should be the most important thing while driving. The distraction of a handheld phone can lead to tragedy."

Queen Anne's County Sheriff R.G. Hofmann said distracted driving is an evolving issue.

"The law prohibits more applications for a phone and will help make the roads safer," he said. "The facts are more and more crashes now are due to inattentive driving."

The last law, the Drunk Driving Reduction Act, expands driver participation in the Ignition Interlock System Program by requiring mandatory ignition interlocks for repeat offenders and drivers under 21 who have a Blood Alcohol Content level of 0.02 or higher.

Hofmann, who is acting past president of the Maryland Sheriff's Association, said he is a very big supporter of the law.

"Driving is not a right, it's a privilege," Hofmann said. "The law will better protect the public from people who repeatedly try to drink and drive."

MADD of Maryland Executive Director Caroline Cash said the law is the first step in increasing safety on the roadways.

"MADD hopes Maryland enacts an all offender interlock law that includes all those convicted of the crime," Cash said.

Pope said the law will help decrease the number of accidents in which alcohol as a contributing factor.

For more information on these matters, please call our office at 305 548 5020.


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