Does your state have a negligent driving law?
06-02-09, 02:30 PM
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Does your state have a negligent driving law?
A rash of motorcyclist deaths over the last couple weeks in the Chicagoland area has resulted in renewed calls for a negligent driving law in Illinois. I'm curious what other states have similar laws and how effectively they are enforced. I suspect that there is no data that shows they make a difference in the number of accidents due to distracted/negligent driving.
https://www.dailyherald.com/story/?id...#storycomments
House Bill 4738 would amend the Illinois criminal code to create a charge of negligent vehicular homicide - a misdemeanor offense punishable by up to a year in jail and a $2,500 fine.
The bill, sponsored by state Rep. William Black, a Danville Republican, has been stalled in the General Assembly since it was introduced last year. But area bikers say they want to change that.
....
Kane County State's Attorney John Barsanti said the proposed law, if enacted, could give prosecutors something of a middle ground between a traffic ticket and a felony reckless homicide charge in instances where someone dies as a result of negligent, but not necessarily reckless, driving. In state statutes, recklessness is defined as behavior where substantial risk is "consciously disregarded," while negligence is when a person "fails to be aware" of the substantial risk of an action.
Barsanti said reckless homicide cases generally involve more than one aggravating factor, such as excessive speeding or alcohol.
"This would open it up much wider," he said. "This statute attempts to fill a hole so there's some consequence to having an accident. I think there are situations where that would apply and we would be able to charge cases we haven't charged before."
https://www.dailyherald.com/story/?id...#storycomments
House Bill 4738 would amend the Illinois criminal code to create a charge of negligent vehicular homicide - a misdemeanor offense punishable by up to a year in jail and a $2,500 fine.
The bill, sponsored by state Rep. William Black, a Danville Republican, has been stalled in the General Assembly since it was introduced last year. But area bikers say they want to change that.
....
Kane County State's Attorney John Barsanti said the proposed law, if enacted, could give prosecutors something of a middle ground between a traffic ticket and a felony reckless homicide charge in instances where someone dies as a result of negligent, but not necessarily reckless, driving. In state statutes, recklessness is defined as behavior where substantial risk is "consciously disregarded," while negligence is when a person "fails to be aware" of the substantial risk of an action.
Barsanti said reckless homicide cases generally involve more than one aggravating factor, such as excessive speeding or alcohol.
"This would open it up much wider," he said. "This statute attempts to fill a hole so there's some consequence to having an accident. I think there are situations where that would apply and we would be able to charge cases we haven't charged before."
06-02-09, 05:17 PM
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" I think there are situations where that would apply and we would be able to charge cases we haven't charged before."
Typical prosecutor/republican wet dream. Being able to charge cases we haven't charged before.The world is full of "situations". If prosecutors had their way, they'd make everything illegal. Then they'd be able to charge a lot of cases they haven't charged before. Prosecutorial nirvana. Problem being, they'd be the only ones who knew the law.
This just makes for unnecessary confusion. Doesn't IL have a "negligent homicide" law, vehicular or otherwise, or wouldn't a vehicular manslaughter charge cover this? This slicing and dicing to make a special law for every permutation has to stop. Just because it favors cyclists doesn't make it justified. The prosecutor needs to proceed under existing law, or lobby to broaden the definition of existing law. We don't need special laws for every contigency just so some prosecutor can pack his conviction record and run for governor.
Basically what I'm saying is, be very suspicious when a republican and a prosecutor team up to formulate new laws and new penalties. They are NOT doing it for public safety reasons.
And to answer the original question, most state DO have negligent homicide laws. They don't exempt cyclist/driver encounters. It sounds like this prosecutor wants to have a special and specific law because he is too stupid or lazy to implement it as it exists.
Typical prosecutor/republican wet dream. Being able to charge cases we haven't charged before.The world is full of "situations". If prosecutors had their way, they'd make everything illegal. Then they'd be able to charge a lot of cases they haven't charged before. Prosecutorial nirvana. Problem being, they'd be the only ones who knew the law.
This just makes for unnecessary confusion. Doesn't IL have a "negligent homicide" law, vehicular or otherwise, or wouldn't a vehicular manslaughter charge cover this? This slicing and dicing to make a special law for every permutation has to stop. Just because it favors cyclists doesn't make it justified. The prosecutor needs to proceed under existing law, or lobby to broaden the definition of existing law. We don't need special laws for every contigency just so some prosecutor can pack his conviction record and run for governor.
Basically what I'm saying is, be very suspicious when a republican and a prosecutor team up to formulate new laws and new penalties. They are NOT doing it for public safety reasons.
And to answer the original question, most state DO have negligent homicide laws. They don't exempt cyclist/driver encounters. It sounds like this prosecutor wants to have a special and specific law because he is too stupid or lazy to implement it as it exists.
Last edited by Sailorman13; 06-02-09 at 05:29 PM.
06-03-09, 07:37 AM
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Most states have something like what Arkansas does, since the state codes are generally equivalent to the Uniform Vehicle Code:
(a) It shall be unlawful for any person to drive or operate any vehicle in such a careless manner as to evidence a failure to keep a proper lookout for other traffic, vehicular or otherwise, or in such a manner as to evidence a failure to maintain proper control on the public thoroughfares or private propery in the State of Arkansas.
(b) It shall be unlawful for any person to operate or drive any vehicle on the public thoroughfares or private property in the State of Arkansas in violation of the following prohibited acts:
(1) Improper or unsafe lane changes on public roadways;
(2) Driving onto or across private property to avoid intersections, stop signs, traffic control devices, or traffic lights;
(3) Driving in such a manner, or at such a speed, so as to cause a skidding, spinning, or sliding of tires or a sliding of the vehicle;
(4) Driving too close to, or colliding with, parked or stopped vehicles, fixtures, persons, or objects adjacent to the public thoroughfares;
(5) Driving a vehicle which has any part thereof, or any object, extended in such fashion as to endanger persons or property;
(6) To operate any vehicle in such a manner which would cause a failure to maintain control;
(7) To operate or drive a vehicle wherein or whereon passengers are located in such a manner as to be dangerous to the welfare of such passengers; or
(8) To operate a vehicle in any manner, when the driver is inattentive, and such inattention is not reasonable and prudent in maintaining vehicular control.
(c) A person who violates this section shall be subject to a fine not to exceed one hundred dollars ($100).
(b) It shall be unlawful for any person to operate or drive any vehicle on the public thoroughfares or private property in the State of Arkansas in violation of the following prohibited acts:
(1) Improper or unsafe lane changes on public roadways;
(2) Driving onto or across private property to avoid intersections, stop signs, traffic control devices, or traffic lights;
(3) Driving in such a manner, or at such a speed, so as to cause a skidding, spinning, or sliding of tires or a sliding of the vehicle;
(4) Driving too close to, or colliding with, parked or stopped vehicles, fixtures, persons, or objects adjacent to the public thoroughfares;
(5) Driving a vehicle which has any part thereof, or any object, extended in such fashion as to endanger persons or property;
(6) To operate any vehicle in such a manner which would cause a failure to maintain control;
(7) To operate or drive a vehicle wherein or whereon passengers are located in such a manner as to be dangerous to the welfare of such passengers; or
(8) To operate a vehicle in any manner, when the driver is inattentive, and such inattention is not reasonable and prudent in maintaining vehicular control.
(c) A person who violates this section shall be subject to a fine not to exceed one hundred dollars ($100).
06-03-09, 07:58 AM
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I understand that Illinois' code is similar to this. That is why there are people advocating adding another layer of severity so prosecutors can do more than give out $100 tickets if a negligent driver maims someone. Apparently prosecutors are just too unwilling to pursue the "reckless" tag.
06-03-09, 08:01 AM
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Texas law:
It is enforced so often it is as if there were no reckless driving law at all!
Sec. 545.401. RECKLESS DRIVING; OFFENSE.
(a) A person commits an offense if the person drives a vehicle in willful or wanton disregard for the safety of persons or property.
(b) An offense under this section is a misdemeanor punishable by:
(1) a fine not to exceed $200;
(2) confinement in county jail for not more than 30 days; or
(3) both the fine and the confinement.
(a) A person commits an offense if the person drives a vehicle in willful or wanton disregard for the safety of persons or property.
(b) An offense under this section is a misdemeanor punishable by:
(1) a fine not to exceed $200;
(2) confinement in county jail for not more than 30 days; or
(3) both the fine and the confinement.
06-03-09, 08:04 AM
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Doesn't IL have a "negligent homicide" law, vehicular or otherwise, or wouldn't a vehicular manslaughter charge cover this? This slicing and dicing to make a special law for every permutation has to stop. Just because it favors cyclists doesn't make it justified. The prosecutor needs to proceed under existing law, or lobby to broaden the definition of existing law. We don't need special laws for every contigency just so some prosecutor can pack his conviction record and run for governor.
