Most people take for granted that they can just hop into our car and get from one place to the other. Certain medical conditions, however, may bar certain individuals from doing that, because those conditions (or prescribed medications) make driving unsafe.

However, a sudden medical emergency is often unexpected. A heart attack, a stroke, a dangerous rise or drop in blood pressure: each of these can occur without warning. If they happen in a car, the driver can lose control and cause a fatal accident – if not for him or herself, then for another driver or passenger.

Typically, a sudden medical emergency is exempt from liability; you cannot know, for example, that you would have a heart attack on your way to the local Safeway. There may be times, however, where you could face criminal charges if you experience a medical emergency that leads to another person’s death. There’s a difference between having a sudden medical emergency due to an unknown condition and choosing to get behind the wheel when you are being treated for an illness, such as diabetes or epilepsy, that could create a risk, or while taking a medication that explicitly states you should not operate a motor vehicle.

You may be charged with a death-related crime

Vehicular manslaughter by criminal negligence under Maryland Criminal Code Section 2-210 provides that you can be charged with the death of another if:

• You should have been aware, but failed to perceive that your actions created a “substantial and unjustifiable risk” that you could kill someone; and
• Failing to understand the potential to end someone’s life equates to a “gross deviation from the standard of care” a reasonable person would have taken.

If you are found guilty of criminally negligent behavior under these circumstances, it can result in a punishment of:

• A misdemeanor conviction with a sentence of incarceration for up to 3 years, payment of a fine up to $5,000, or both.
• A felony conviction with a sentence of incarceration for up to 5 years, payment of a fine up to $10,000, or both.

Vehicular manslaughter by gross negligence under Maryland Criminal Code Section 2-209 is a felony charge. Driving under the influence while on medication for a known medical condition, or failing to take medication prescribed to control your unpredictable illness, are both factors that are within your control. This goes toward showing your intentional negligent behavior that led to the victim’s death. You could face incarceration for a period of up to 10 years and/or up to $5,000 in fines. If you have been convicted for the same crime in Maryland or another state, you may face incarceration for up to 15 years and/or fine up to $10,000.

Why you need an experienced criminal defense attorney

In the event that you suffered a sudden medical emergency, it will be important to craft a defense that shows that you could not have met the elements of the crime for which you are charged.

If you were never diagnosed with the disease or condition prior to the accident, you had no reason to believe that you were placing anyone else at risk. A true unexpected medical emergency is a valid defense. If a medication label doesn’t warn of a side effect that caused you to lose control of your vehicle, it can be more difficult for the state to prove its case.

Proving your defense can be a difficult uphill battle, but it is possible when armed with the right information and legal resources. If you have a medical condition that caused an accidental death while you were operating a vehicle, you need the experience of the criminal defense team at Carey Law Office standing behind you to help safeguard your reputation and future. To schedule your consultation at one of our offices in Bowie or Crofton, give us a call today at 301.464.2500 or reach us through our contact form.