BRUCE JOHN BEATTIE v. STATE OF MARYLAND
Court of Special Appeals, Graeff, Filed March 27, 2014,
CR 2-210 – Criminally negligent manslaughter by vehicle is not unconstitutionally vague

The elements of CL 2-209 (“manslaughter by vehicle or vessel” — gross negligence) are different than the elements of CL 2-210 (“criminally negligent manslaughter by vehicle” — criminal negligence) in that 2-209 requires realization of the risk but 2-210 has as an element a “fail[ure] to perceive.”

And where appellant drove his 70-foot tractor trailer, in the dark, near the curve of the road, across three lanes of traffic on a highway where the speed limit was 65 miles per hour and visibility a quarter mile in order to make an illegal u-turn… that was criminal negligence where he should have realized the risk but did not.