Penalty for deadly careless driving

A driver runs a red light and slams into a minivan. A 4-year-old boy is thrown from the van and killed after the minivan rolls on top of him.

The penalty for the driver running the red light? A misdemeanor.

“Our office has prosecuted numerous tragic cases over the years involving severe injury or death caused by careless and reckless driving,” Minneapolis City Attorney Susan Segal wrote in a letter to Rep. Karla Bigham (DFL-Cottage Grove). “In the absence of adequate evidence to charge driving under the influence of alcohol or drugs, typically the only charges that can be brought are at the misdemeanor level for careless driving, inattentive driving or failure to obey a traffic control device.”

Sponsored by Bigham, HF2888 would increase the penalty for careless driving that results in the death of another person to a gross misdemeanor, which could mean a year in jail.

Approved Feb. 18 on a split-voice vote by the House Public Safety Policy and Oversight Committee, the bill was sent to the House Transportation and Transit Policy and Oversight Division. A companion, SF2503, sponsored by Sen. Steve Murphy (DFL-Red Wing), awaits action by the Senate Judiciary Committee.

“Current statute says if you can prove gross negligence it’s a felony, otherwise it’s a misdemeanor,” Bigham said. “There’s a lot of people that believe a misdemeanor penalty is not enough.”

Rep. Terry Morrow (DFL-St. Peter) said the bill would allow a middle position for a judge between doing little or forcing the prosecution to prove gross negligence, which can be difficult to do when alcohol or a controlled substance is not involved.

“Right now what several county attorneys and other people are faced with is you either have to spend the taxpayer’s money trying to prove criminal vehicular for grossly negligent or to take a simple careless driving, which really doesn’t fit a death,” said Rep. Dave Olin (DFL-Thief River Falls).

A similar bill sponsored by Bigham, HF45, failed to get House Finance Committee approval last year. A provision to revoke a person’s license for one year is not in the current bill.