Several important laws concerning texting while driving (Senate Bill 424/House Bill 196), criminally negligent manslaughter by vehicle (House Bill 363), drinking and driving (Senate Bill 803/House Bill 1276), overtaking and passing a school bus (Senate Bill 679), and vehicle racing (House Bill 105) became effective in Maryland on October 1, 2011. A summary of the new laws are as follows:

Texting While Driving (Senate Bill 424 and House Bill 196)

This law prohibits a driver from writing, reading, or sending any text or electronic message while operating a motor vehicle irrespective of whether the vehicle is in motion. The law does not apply to the use of global positioning devices or the use of a text messaging device to contact 911.

Criminally Negligent Manslaughter by Vehicle (House Bill 363)

The new law makes the death of another as the result of the person’s driving, operating, or controlling a motor vehicle, streetcar, locomotive, engine and train in a criminally negligent manner. A person acts in a “criminally negligent manner” when the person should be aware, but fails to perceive, that his or her conduct creates a substantial risk that such a result will occur and the failure to perceive constitutes a substantial deviation from the standard of care that would be exercised by a reasonable person. Criminally negligent manslaughter by vehicle or vessel is a misdemeanor and on conviction, a person is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

Drunk Driving Reduction Act (Senate Bill 803 and House Bill 1276)

The Drunk Driving Reduction Act expands the existing Ignition Interlock System Program by requiring more drivers to participate. Specifically, drivers under the age of 21 years who violate their alcohol restriction (.02 or greater), drivers who have a subsequent alcohol conviction within 5 years, and drivers with a blood alcohol content of 0.15 or greater who are subsequently convicted of DWI or DUI are required to participate in the Program. Drivers with a high blood alcohol content (0.15 or greater) who are convicted cannot regain their driver’s license until they complete the Program.

Overtaking and Passing a School Bus (Senate Bill 679)

This law authorizes a law enforcement agency, in consultation with a county board of education, to place cameras on school buses for the purpose of recording violations relating to overtaking and passing school vehicles. The law creates civil penalties for such violations.

Vehicle Racing (House Bill 105)

A police officer is authorized to conduct a warrantless arrest of a driver in a highway race or speed contest that results in serious bodily injury to another person. The penalty for conviction is not more than $1,000, or imprisonment for not more than one year or both.

If you have been charged with a driving-based offense in Maryland, please call the attorneys at Patel & Williams, PLLC.