Cranston Driving to Endanger

As reported in the Sakonnet Times, a Cranston man has pled to charges of driving to endanger - death resulting and leaving the scene of an accident- death resulting.  The charges stem from a motor vehicle accident last year.  The Cranston man hit a jersey barrier and then fled the scene of the accident.  His passenger died.  The man later turned himself into police the next day.  The man received ten years imprisonment, with three (3) years to serve.  Following prison, he will serve on home confinement and loss his license for a period of three (3) years.

Pursuant to Rhode Island General Law 31-27-1, driving to endanger, death resulting is when the death of any person ensues as a proximate result of an injury received by the operation of any vehicle in reckless disregard of the safety of others, including violations of § 31-27-22, the person so operating the vehicle shall be guilty of "driving so as to endanger, resulting in death".

(b) Any person charged with the commission of this offense shall upon conviction be imprisoned for not more than ten (10) years and have his or her license to operate a motor vehicle suspended for no more than five (5) years.

If the man had been charged with drunk driving (DUI) - death resulting, the penalties are more severe.  Pursuant to R.I.G.L. 31-27-2.2:

(1) Every person convicted of a first violation shall be punished by imprisonment in the state prison for not less than five (5) years and for not more than fifteen (15) years, in any unit of the adult correctional institutions in the discretion of the sentencing judge, by a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) and his or her license to operate a motor vehicle shall be revoked for a period of five (5) years. The license privilege shall not be reinstated until evidence satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist which would authorize the refusal to issue a license, and until the person gives proof of financial responsibility pursuant to chapter 32 of this title.

   (ii) In addition, the person convicted may be required to successfully complete alcohol or drug treatment in a program of their choice, at their own expense, as authorized by a judge of the superior court, and may successfully complete the program before any license to operate a motor vehicle is renewed.