islandpacket.com - The Island Packet Online

Search Everything in the Lowcountry and the Coastal Empire.

Fatalities may yield law change

Legislators: Violations charges not enough

Add Comment

Two legislators representing Hilton Head Island and Bluffton said Tuesday they would look into creating legislation that would increase the penalty for drivers deemed responsible for fatal vehicle crashes.

The move comes in response to letters and phone calls from some area residents who say the charges filed against drivers in three fatal crashes during the past month and a half aren't enough.

One women died in each of the wrecks. The drivers deemed responsible by S.C. Highway Patrol investigators have been charged with driving too fast for conditions, driving on the wrong side of the road, or disobeying an official traffic device.

Except for the charge of driving too fast for conditions, which amounts to two points on a driving record in South Carolina unless it's more than 10 mph over the speed limit, the charges result in four points being added to the offender's record and a traffic fine.

Driving privileges can be suspended after 12 points are accumulated in the course of a year, though points are removed as time passes.

"(Some residents) are incensed that it's a minor traffic violation and that's what we'd look at," said Rep. Richard Chalk, R-Hilton Head. "We'd look at something to hold people more accountable."

Sen. Scott Richardson, R-Hilton Head, could not be reached for comment.

South Carolina has strict laws, such as reckless homicide, pertaining to some fatal crashes. However, prosecutors must be able to prove reckless intent to levy the more serious charges against drivers, law enforcement officials and local prosecutors have said.

Doing so is challenging because it's often difficult to know what's in the mind of a person before they get into a wreck, Beaufort County Solicitor Duffie Stone has said. Proof has to exist that the driver knowingly disregarded public safety.

A case for reckless intent could not be made in the each of the three recent fatal collisions, Stone and crash investigators said. Stone helped determine charges in two of the three cases.

"I'd like to determine why running a red light wasn't reckless driving," Chalk said. "That, to me, is reckless driving."

Several states have laws that provide harsher penalties for drivers who kill motorists in accidents and haven't demonstrated reckless intent, including Georgia and North Carolina.

North Carolina law has a misdemeanor death by vehicle offense, which can mean up to a $200 fine and up to two years in prison, said Lt. Everett Clendenin of the North Carolina Highway Patrol. If convicted, the driver held responsible loses their driving license for a year.

"In most cases, if there is a death, there is a misdemeanor charge," Clendenin said. "Doesn't matter whether you run a red light or fail to yield to a stop sign. Drivers are held responsible."

According to the Official Code of Georgia Annotated, motorists can be charged with homicide by vehicle in the second degree. That offense carries a fine of up to $1,000 and up to a year in jail.

Those who violate the Georgia law also might have to retake their driving test, attend driving improvement classes, be put on probation or have their driver's license suspended.

"The truth is I don't think anybody had the intention to cause somebody to be killed," Chalk said about the recent crashes. "No matter what you do in law, you're not going to prevent these. But what we can do is make more people conscientious and aware."

Rep. Bill Herbkersman, R-Bluffton, said he doesn't think the penalties for the drivers responsible in those crashes are tough enough. He said he'll consider exploring the idea of a stricter law, probably in the criminal laws judiciary committee, which he is chairman of.

"Unfortunate circumstances have brought this issue to light," Herbkersman said, "and we definitely need to re-evaluate this. If I get more than one request from the community, I'll solicit members (of the House) to help me."

Joel Sawyer, spokesman for Gov. Mark Sanford, said the governor would consider stricter legislation.

"We certainly would be willing to look at any legislation proposed in the General Assembly," he said.

Contact Ben Crites at 706-8138 or . To comment on this story, please go to islandpacket.com.