Manslaughter by Vehicle

A motor vehicle or boat accident that results in a death is one of the saddest and most difficult tragedies to cope with for all those that are involved.  They are unexpected random events that leave loved ones devastated, and when drugs or alcohol are involved the tragedy becomes even greater.  All drivers involved in automobile accidents that result in death or serious bodily injury are subject to mandatory blood testing for intoxication.  Unlike a standard DUI traffic stops a driver does not have the right to refuse a chemical test for intoxication.  Often in serious accidents these tests are conducted in the hospital and the driver or drivers are not even aware.  If the test results show a level of intoxication and the accident resulted in a death to another person, there is a good chance the driver or boat operator will be charged with manslaughter by motor vehicle or vessel.  This is a serious crime that does not require actual intent to cause the death of another person, and therefore it is a offense that any type of person can be charged with.  If you or a loved one has been charged or is being investigated for this crime the stakes are extremely high, and the case should be handled by an experienced and skilled lawyer.

Under Maryland law manslaughter by vehicle or vessel is a felony with a maximum prison sentence of 10 years if the state proves that the driver or operator was acting in a grossly negligent manner.  If the state is only able to prove that the defendant acted in criminally negligent manner then the offense is a misdemeanor with a 3 year maximum penalty.  Unlike many other crimes, defendants who are convicted of either of these offenses are frequently sentenced to significant jail time, even if they are first time offenders.  If the case is not handled properly each step of the way, the results can be devastating.  The Herbst Firm understands that all of these cases are highly emotional and must be expertly defended.

Manslaughter cases are extremely unique from most other crimes, and often appear in the media because accidents involving death are priority number one for the local news outlets.  In addition, the State's Attorney can receive a great deal of pressure from the family of the deceased victim and even the media to prosecute these cases even when the facts do not support the charge. In order to support a conviction for felony manslaughter by vehicle or vessel the state must prove the defendant drove in a grossly negligent manner, which is generally defined as acting with a reckless disregard for human life.  The misdemeanor version of this offense still requires the state to prove more than just plain negligence or carelessness, but not to the level of reckless disregard.  There is also the requirement of causation, so in some cases if the victim was also acting in a negligent manner this could be a defense to a conviction. 

Manslaughter by vehicle cases typically involve allegations of driving under the influence of alcohol or drugs, and also can involve high speed police chases, or racing.  A defendant may be charged if drug or alcohol use contributed to the defendant's gross negligence but did not rise to the level of DUI or DWI with a B.A.C over .08.  In Maryland there have been cases where a high speed police chase results in the death of either a police officer or a third party that is not involved in the chase.  These cases are always highly controversial, and the police policies of high speed pursuit are often relevant in constructing a defense.  Benjamin Herbst is available 24 hours a day to discuss this serious criminal charge, and is standing by to begin defending you or a loved one.