The criminal charge of "depraved indifference" is quite uncommon in drunk driving cases in Maryland, and indeed in many jurisdictions throughout the country. The reason for this mainly because it is so difficult for prosecutors to prove exactly what someone's state of mind was when they drank and drove.
It could be said that in Maryland and in many other states the concept of " depraved indifference" has been in flux for several years, once even prompting a U.S. District Court judge to declare the term
unconstitutionally vague. To be sure, it is a difficult to prove the charge. I generally define it along these lines: depraved indifference is an utter disregard for the value of human life --- a willingness to act
not because one intends harm to another, but because one simply does not care whether grievous harm results to another person.
The bottom line is that " depraved indifference " murder , for example, is meant to be among the very worst of all crimes. But the question remains : should drunk driving incidents that result in the
death of someone else be included in the category of "depraved indifference. " New York prosecutors are testing the waters on this issue:
" CAN DRIVERS BE SO DRUNK THAT THEY CANNOT EXHIBIT 'DEPRAVED INDIFFERENCE' ? NEW YORK HIGH COURT TO DECIDE ". http://www.abajournal.com/news/article/October 10, 2013/ Debra Cassens Weiss; http://www.nytimes.com/2013/10/09/nyregion.
In this current New York case three drivers convicted of second degree murder in auto accidents claim they were so drunk during their crashes they did not have the necessary state of mind required
by state law to have "depraved indifference" to human life.
One of the drivers had been on a drinking binge for 10 hours before driving his pickup truck the wrong
way on the road. Another driver drove the wrong way after heavy drinking at a nightclub. A third driver had taken the illegal drug Ecstasy and stripped naked during a a creaming match with her mother before speeding away, New York state's highest court is expected to rule on their appeals
in November 2013 (next month).
Other states, including Maryland, will probably follow .
For an initial courtesy consultation, contact Maryland's and one of the nation's premier criminal defense law firms --- CHARLES JEROME WARE, P.A., ATTORNEYS & COUNSELLORS---
at www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129.
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