Jake's Law

[golfournut]

Maryland Senate yesterday passed a bill that would impose a $5000 fine and up to 3 years in jail for causing an accident resulting in injury or death while useing a cell phone.

The house version is a 1 year jail sentence but only covers texting.

A committee will be formed to iron out the differences.

The governor will sign what ever is presented.

What is not clear at this time is the use of hands free devices. Should an accident occur with injuries or death by a driver using a HFD, will the law apply if the committee adopts the Senate version.

Probably will be made more clear in the version that comes out of the committee.

Current Maryland law is a fine for cell phone use and texting. HFD is legal to use. Originally when the law was written, a police officer could only pull you over for using your cell phone if another traffic violation was observed. Less than a year it was changed to delete the traffic violation. If you're seen, the officer can pull you over.

Jake was a 5 year old boy killed in an accident caused by a distracted driver. The driver was fined $1000 and released.
According to the Baltimore Sun, more people are killed in Maryland by distracted drivers than drunk drivers. Drunk driving penalties can be severe in Maryland. If death occurs from a drunk driver, usually the driver is charged with vehicular manslaughter. Not always, but usually. The sentence for that ranges from probation to up to 10 to 15 years in jail.

Perhaps the same type of punishment is warranted to get people's attention that this is a problem.

Some lawmakers want to consider this emergency legislation. If that happens, the process will move much faster to get a bill passed for the governor to sign.
I don't know if that would require the law to go into effect immediately or if a time stamp would be imposed.

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[Turtle]

Seems to me that if you kill someone with your vehicle, what distracted you that caused the accident is irrelevant. The person who killed Jake was fined and released, but he should have been charged with manslaughter, as well. The implication is that is if you kill someone while driving drunk, or while texting, it's more bad than if you kill someone while adjusting the radio dial.

 

[golfournut]

Yea I agree. Any kind of distraction or inattention would be negligent warranting a manslaughter charge.

Maybe it should be address that way instead of trying make a individual law for every type of distraction that could come up now or in the future.

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[cheri1122]

That's what I've said ever since the media began spotlighting the danger of cellphones & texting: focusing on that makes people disregard the fact that it's distraction that is hazardous, not just the phone.
Smart phones and apps are a real concern: how many people are checking something on their phone [directions, locations, facebook updates] and don't consider how stupid that is while driving? From where I sit [up high], there's an awful lot of drivers with smartphone in hand these days.

 

[BobWolf]

So, they really want to treat using a gadget while driving the same as D.U.I. / D.W.I.?? Because of their distraction and if they are a danger to others,
Instead of a cop just issuing a ticket and send a driver on their way ,the vehicle should be towed. Average cop tow car or light truck in western New York is 125 - 150 bucks. Oh, B.T.W. get cute and throw the keys in the brush, thinking they wont take your car, you just made it a 350.00 plus tow. anywhere from 350.00 to 500 bucks for the wrecker just to show up plus at least 50 bucks each extra to disconnect the drive shaft, hang tag lights, piggy back an air line, and at least 5.00 per mile. Add at least 1 day of impound fees and the ticket, and the insurance increase, possible job loss if your a driver. You get the drill.

I do find it interesting that in our country you and I will spend more time in prison for simply having a joint on your person than someone who murders a family while driving when hammered or busying yourself with other BS outer than driving.
Unfortunate reality is if you have the money, influence or connections the person will walk, average Joe or Jane barely making ends meet all only advice I can give is buy soap on a rope.

Bob Wolf.