A friend directed me to this on another board...
Maryland woman escapes vehicular homicide charge in death of motorcyclist
May 6 – A Maryland woman who drove her car into the back of a motorcycle, killing the rider, avoided a vehicular homicide charge by quickly paying a fine for the lesser offense of negligent driving.
Since the woman, in essence, pleaded guilty to negligent driving by paying the fine, she couldn't be charged with vehicular homicide in that same case. To do so would violate constitutional protections against double jeopardy, which involve trying a person twice for the same offense.
The woman, Susan Elizabeth Williams, 35, of Ellicott City, rear-ended Dennis Jerry Sullivan, 42, at a stoplight in September. Williams was arrested for driving while intoxicated and was ticketed for negligent driving, which carried a $275 fine.
Sullivan didn't appear seriously injured at the time but died from his injuries a few days later. Seven weeks after the crash, prosecutors filed the paperwork to drop the negligent driving charge and charge Williams with vehicular homicide, but Williams had already paid the negligent driving fine. The vehicular homicide charge was thrown out by a judge on April 1 because negligent driving is considered a lesser form of vehicular homicide.
Williams would have faced up to five years in jail under a vehicular homicide charge.
On May 3, Williams pleaded not guilty to driving under the influence and waived her right to a trial. But Williams' blood-alcohol content had been measured at 0.29 percent, or more than three times the legal limit in Maryland to be considered drunk. A judge found her guilty. She faces up to a year in jail when sentenced on July 7.
As a result of this case, Ellicott City police officers no longer issue tickets for negligent driving in suspected drunk driving cases when someone is hurt until the case is reviewed by the police department traffic division.
Maryland woman escapes vehicular homicide charge in death of motorcyclist
May 6 – A Maryland woman who drove her car into the back of a motorcycle, killing the rider, avoided a vehicular homicide charge by quickly paying a fine for the lesser offense of negligent driving.
Since the woman, in essence, pleaded guilty to negligent driving by paying the fine, she couldn't be charged with vehicular homicide in that same case. To do so would violate constitutional protections against double jeopardy, which involve trying a person twice for the same offense.
The woman, Susan Elizabeth Williams, 35, of Ellicott City, rear-ended Dennis Jerry Sullivan, 42, at a stoplight in September. Williams was arrested for driving while intoxicated and was ticketed for negligent driving, which carried a $275 fine.
Sullivan didn't appear seriously injured at the time but died from his injuries a few days later. Seven weeks after the crash, prosecutors filed the paperwork to drop the negligent driving charge and charge Williams with vehicular homicide, but Williams had already paid the negligent driving fine. The vehicular homicide charge was thrown out by a judge on April 1 because negligent driving is considered a lesser form of vehicular homicide.
Williams would have faced up to five years in jail under a vehicular homicide charge.
On May 3, Williams pleaded not guilty to driving under the influence and waived her right to a trial. But Williams' blood-alcohol content had been measured at 0.29 percent, or more than three times the legal limit in Maryland to be considered drunk. A judge found her guilty. She faces up to a year in jail when sentenced on July 7.
As a result of this case, Ellicott City police officers no longer issue tickets for negligent driving in suspected drunk driving cases when someone is hurt until the case is reviewed by the police department traffic division.
