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Careless driving penalty increase

Published (3/16/2012)
By Mike Cook
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Nancy Johnson, president of Minnesotans for Safe Driving, testifies before the House Judiciary Policy and Finance Committee March 8 in support of a bill that would make the penalty for careless driving resulting in a death a gross misdemeanor.  Rep. Pat Garofalo, right, sponsors the bill. (Photo by Andrew VonBank)Dakota County Attorney Jim Backstrom said there have been too many times in his career where a vehicular crash has ended in the death of someone, but his office could only charge the offending driver with a misdemeanor.

Sponsored by Rep. Pat Garofalo (R-Farmington), HF68 would increase the penalty for careless driving if it results in the death of another person to a gross misdemeanor.

“This is a change in the law that I and many other prosecutors and those who work in law enforcement have been pursuing for a number of years,” Backstrom said. He said the Minnesota County Attorneys Association has endorsed the proposal.

In the last five-plus years, Backstrom said there have been seven such cases in Dakota County, sometimes involving multiple deaths. “It’s simply not appropriate when the level of harm involves death for the penalty to be the same as if the driver drove negligently and struck a mailbox.”

The maximum penalty for a gross misdemeanor is one year in jail and a $3,000 fine.

Approved March 8 by the House Judiciary Policy and Finance Committee, the bill awaits action by the House Ways and Means Committee. A companion, SF201, sponsored by Sen. Al DeKruif (R-Madison Lake), awaits action by the Senate Judiciary and Public Safety Committee.

Current law provides that when a person is found to be carelessly driving and causes the death of another person they can be charged with either a misdemeanor or a felony. Gross negligence must be shown to get a felony charge.

“We have a number of statutes on the books that increase the penalty when even the risk of harm increases, and in this case we’re talking about actual serious harm or death of an individual” Backstrom said.

Nancy Johnson, president of Minnesotans for Safe Driving, said the bill would further illustrate the seriousness of negligent driving, much like enhanced drunken driving penalties did in the 1980s.

“The change will help victims feel that the court system and the public perceive the seriousness of the crash that killed or seriously injured their loved one,” she said. “It wasn’t a tragic accident; it was preventable crash and the actions of the driver were criminal.”

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