Virginia Prosecutor Seeks Higher Penalties For Driving On A Suspended License

Virginia prosecutor, Rupen Shah, recently joined forces with State Senator Emmett Hanger, in an effort to pass legislation that would alter the law with respect to the potential penalties that may be handed down for driving on a suspended driver’s license. The new law would alter Section 18.2-36.1 of the Virginia Code, relating to involuntary manslaughter, to allow prosecutors to pursue an involuntary manslaughter charge if someone is killed by another individual who is driving with a suspended license.

Under the current law, a charge of involuntary manslaughter may be issued as a result of driving under the influence of drugs or alcohol, or when a driver’s conduct is grossly negligent or reckless and causes the death of another. If a person in killed in an accident that does not involve a DUI or extreme recklessness, it is currently not treated as a crime. If the new law is passed, drivers could be convicted of the crime of involuntary manslaughter, even if death resulted from an accident where alcohol, drugs or recklessness were not involved.

The prosecutor initiated the potential legislation after he lost a court battle in which he sought a reckless driving conviction for a driver who was involved in an auto accident, which claimed the life of another driver. His driver’s license was suspended at the time of the accident. According to reports, the prosecutor and the deceased individual’s family believe that the driver would have been convicted of involuntary manslaughter if the law was written differently.

Opponents of the new law feel that the new penalty would be unjust. The sentence for involuntary manslaughter can range from one year to 20 years in prison. While it is illegal to drive without a valid license, many drivers may receive suspensions from failing to pay fines or tickets. If they were to get into an accident that resulted in an unintended death, most people would agree that an involuntary manslaughter charge would be a disproportionate penalty for an accident.