The Human Car

If any would be so kind to respond:


Is there a statute that covers homicide resulting from driving that is very negligent (but not meeting the standard for recklessness).

If so:

A. What is the standard?
B. Aside from intoxication, what are the facts that have led to a conviction, with an emphasis on the situations that were the least egregious but still resulted in a conviction. Please include case captions.
C. What are the most egregious circumstances that still resulted in a reversal of the conviction. Please include case caption.

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If that was a bit hard to understand, we are looking to see what other States are doing in the area underneath the bolded row:

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Minnesota
609.21 CRIMINAL VEHICULAR HOMICIDE AND INJURY.
Subdivision 1. Criminal vehicular homicide or operation; crime described. A person
is guilty of criminal vehicular homicide or operation and may be sentenced as provided in
subdivision 1a, if the person causes injury to or the death of another as a result of operating a
motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.08 or more;
(4) while having an alcohol concentration of 0.08 or more, as measured within two hours of
the time of driving;
(5) in a negligent manner while knowingly under the influence of a hazardous substance;
(6) in a negligent manner while any amount of a controlled substance listed in schedule I or
II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the person's body;
(7) where the driver who causes the accident leaves the scene of the accident in violation of
section 169.09, subdivision 1 or 6; or
(8) where the driver had actual knowledge that a peace officer had previously issued a citation
or warning that the motor vehicle was defectively maintained, the driver had actual knowledge
that remedial action was not taken, the driver had reason to know that the defect created a present
danger to others, and the injury or death was caused by the defective maintenance.
Subd. 1a. Criminal penalties. (a) A person who violates subdivision 1 and causes the death
of a human being not constituting murder or manslaughter or the death of an unborn child may
be sentenced to imprisonment for not more than ten years or to payment of a fine of not more
than $20,000, or both.
(b) A person who violates subdivision 1 and causes great bodily harm to another not
constituting attempted murder or assault or great bodily harm to an unborn child who is
subsequently born alive may be sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both.
(c) A person who violates subdivision 1 and causes substantial bodily harm to another
may be sentenced to imprisonment for not more than three years or to payment of a fine of not
more than $10,000, or both.
(d) A person who violates subdivision 1 and causes bodily harm to another may be sentenced
to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or
both.
Subd. 1b. Conviction not bar to punishment for other crimes. A prosecution for or a
conviction of a crime under this section relating to causing death or injury to an unborn child
is not a bar to conviction of or punishment for any other crime committed by the defendant as
part of the same conduct.
Subd. 2.[Repealed, 2007 c 54 art 3 s 15]
Subd. 2a.[Repealed, 2007 c 54 art 3 s 15]
Subd. 2b.[Repealed, 2007 c 54 art 3 s 15]
Subd. 3.[Repealed, 2007 c 54 art 3 s 15]
Subd. 4.[Repealed, 2007 c 54 art 3 s 15]
Subd. 4a. Affirmative defense. It shall be an affirmative defense to a charge under
subdivision 1, clause (6), that the defendant used the controlled substance according to the terms
of a prescription issued for the defendant in accordance with sections 152.11 and 152.12.
Subd. 5. Definitions. For purposes of this section, the terms defined in this subdivision have
the meanings given them.
(a) "Motor vehicle" has the meaning given in section 609.52, subdivision 1, and includes
attached trailers.
(b) "Controlled substance" has the meaning given in section 152.01, subdivision 4.
(c) "Hazardous substance" means any chemical or chemical compound that is listed as a
hazardous substance in rules adopted under chapter 182.

The Human Car

At lest in Maryland DUI can be considered grossly negligent, this seems to drop that down a notch but thanks for the info! We are trying to get info for all 50 states.

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Criminal law defines six levels of criminal
vehicular operation (CVO)—all but one
constituting felony offenses—depending on the
level of injury inflicted:
ƒ criminal vehicular homicide (causing death,
but not constituting murder or manslaughter)
ƒ great bodily harm (serious permanent injury)
ƒ substantial bodily harm (temporary
substantial injury)
ƒ bodily harm (pain or injury—a gross
misdemeanor)
ƒ death to an unborn child
ƒ injury to an unborn child
A common element to each of these CVO
crimes is that the person causes the specified
harm to another person as a result of operating a
motor vehicle under any of the following
conditions:
ƒ in a grossly negligent manner
ƒ in violation of any of the elements of regular
DWI law
ƒ where the driver who causes the accident
leaves the scene in violation of Minnesota’s
felony fleeing law
ƒ where a citation was issued that the vehicle
was defectively maintained, the driver knew



Minnesota’s DWI law stipulates that it is a
crime:
1) to drive, operate, or be in control of any
motor vehicle anywhere in the state while:
ƒ under the influence of alcohol, a controlled
substance, or (knowingly) a hazardous
substance, or any combination of these;
ƒ having an alcohol concentration (AC) of .08
(.08 means .08 percent alcohol
concentration, which is 8/10,000ths by
volume) or more at the time or within two
hours of doing so;
ƒ having any amount or the metabolites of a
schedule I or II controlled substance, other
than marijuana, in the body; or
ƒ if the vehicle is a commercial motor vehicle,
having an alcohol concentration of .04 or
more at the time or within two hours of
doing so; or
2) to refuse to subm


Relating to these two I see DWI laws are applied to the DUI. And CVO laws are applied to alcohol and negligent behavior separately.
https://www.house.leg.state.mn.us/hrd/pubs/dwiover.pdf

zac

Barry see M.G.L. ch.90 §24G(b) for the Massachusetts reckless/negligent homicide by motor vehicle statute.