Thanks to Joe for pointing this out. Heather Simmons, the driver who hit Diane Whitman from behind on Olney-Latonsville Road/Route 108, killing her, was found guilty of Negligent driving and "Not Keeping 3 Feet" and charged $400 in fines. That may be the first prosecution of the 3 feet rule in the region.
There doesn't seem to be any sign of points or loss of license. There may be a civil case that follows, but still it looks like 2 tickets for $400 is the extent of the punishment.
This is very similar to the 'punishment' meted out to the elderly woman who killed a cyclist near Johns Hopkins University in 2010. The minimal fine is bad enough, but no points on the driving record? If she would have fired a gun accidentally and killed Ms. Whitman, Ms. Simmons would likely be facing years in jail. Sad.
Posted by: PghSteve | November 10, 2012 at 04:27 PM
Just remember.... this is a judicial criminal finding that can subsequently be used (and not denied) in a civil court action. The fine may be $400. But if there is a civil action, the settlement will be more.
Posted by: Wilbur | November 10, 2012 at 09:00 PM
I agree with PghSteve, this minimal punishment is depressing. The punishment does not fit the crime in my opinion.
Posted by: Frank | November 10, 2012 at 10:33 PM
Does the recent vulnerable user vehicular homicide law not apply is this case? If not, why not?
Posted by: twk | November 11, 2012 at 07:28 AM
@Wilbur "But if there is a civil action, the settlement will be more." The woman is dead what good does a civil action that might be won do her?
Posted by: david | November 11, 2012 at 08:48 AM
I suppose that's one case where he three foot rule can be enforced -- when there's zero foot separation. Not sure about other cases.
@David: If I'm run over by a negligent driver, I want justice and compensation for my family. That does me some good.
Posted by: Jack | November 11, 2012 at 12:34 PM
This is the kind of thing that demands a letter to the county prosecutor and the MD Attorney-General.
Anyone know what county this is?
Posted by: Edge | November 11, 2012 at 06:59 PM
Wilbur: yes, there can be a civil trial, but the criminal trial is also supposed to reflect the seriousness of the incident. In what other situation can you kill someone and get off with less than $500?
Posted by: SJE | November 11, 2012 at 08:57 PM
@SJE I agree. It looks like the prosecutor accepted a plea deal on this, maybe because of lack of prrof or a weak case, and knowing that the conviction will help plaintiffs in their civil case. Prosecutor certainly conferred with survivors before agreeing to this, and they may have agreed.
Posted by: Michael Roy | November 12, 2012 at 10:12 AM
On a somewhat related note, I just saw these interesting graphs from Steven Pinker's book about the decline of violence.
http://www.thegatesnotes.com/Personal/Better-Angels-of-Our-Nature-in-Graphs-and-Numbers
Haven't read the book, but it seems his point is violence decreases in response to acknowledgment of the rights of others, and does so remarkably quickly(50% in a generation). This gave me a lot of hope this morning---let's keep up the good work!
Posted by: xmal | November 12, 2012 at 10:40 AM
@xmal
I forget the source, but I have seen an argument made that crime, esp. violent crime, bears a strong relation to the proportion of young people in a population, particularly the 15-25 year old group. Just an alternative approach... but it also makes sense that tolerance should reduce violence.
Posted by: tim h | November 13, 2012 at 06:27 AM
https://www.facebook.com/heather.simmons.52035
It appears she just gave birth. She doesn't deserve to be happy! Fortunately for her, her mother can enjoy her grandchild. Diane no longer gets to spend time with hers. Must be nice to pay $400 and get on with life. I strongly encourage the family of Diane to pursue a civil suit.
Posted by: kit | March 20, 2013 at 07:33 PM