Maryland Reckless Driving Laws Automobile Crash Disregard Human Life AttorneysUpdated on: 8:00 pm
Maryland Reckless Driving Laws Automobile Crash Disregard Human Life Attorneys
Commonwealth v Moore
Defendant sought review of a decision of the Circuit Court (Maryland), which entered judgment on a jury’s verdict convicting him of manslaughter by automobile, reckless driving, and failure to stop at a red light, arising from defendant’s automobile crash with another driver’s vehicle, resulting in the other driver’s death.
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The Maryland Court made the following holding:
- When the defendant is plainly guilty of some offense, and the evidence is legally sufficient for the trier of fact to convict him of either the greater offense or a lesser included offense, it is fundamentally unfair under Maryland common law for the state, over the defendant’s objection, to nolle prosequi the lesser included offense. In short, it is simply offensive to fundamental fairness, in such circumstances, to deprive the trier of fact, over the defendant’s objection, of the third option of convicting the defendant of a lesser included offense.
- Manslaughter by automobile is a statutory offense. Every person causing the death of another as the result of the driving, operation or control of an automobile in a grossly negligent manner, shall be guilty of a misdemeanor to be known as “manslaughter by automobile.” The element of “gross negligence,” for purposes of this statute, requires the showing of a wanton or reckless disregard for human life.
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These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.