Saturday, April 19, 2014

Reckless Driving Yasiel Puig Pontification By Heiko G. Moenckmeier, Esq.

So Might as well give you my two cents on the Yasiel Puig arrest for reckless driving for going 110 miles an hour on Alligator Alley, Collier County It was case 2013CT004124A, which was nolle prossed (dropped) pretty darn quick, making his attorney Hoss Hernandez second only to us I mean, Yasiels Mercedes is built to travel 160 miles per hour on the Autobahn, and Alligator Alley is Floridas Autobahn (except for the irate troopers).  What a peach of a case!  No weaving, no cutting people off, no one else on the road in the troopers dash cam.  This case was made to be dropped, and this troopers judgment on what constitutes reckless driving is waaaay off.    

The only thing the officer can rely on is his observations, and theres no one around Mannys fat S class that he put in danger (you need to endanger another vehicle to sustain a factual basis for reckless driving.)  The officer cant theorize that the speed would at some point put somebody in danger. 

Speed Alone cannot be the basis for a reckless driving conviction Miller v. State 636 So.2d 144 (1st DCA 1994). 

The statute is 316.192Reckless driving. which reads:
(1)(a)Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b)Fleeing a law enforcement officer in a motor vehicle is reckless driving per se.
(2)Except as provided in subsection (3), any person convicted of reckless driving shall be punished:
(a)Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment.
(b)On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment.
(3)Any person:
(a)Who is in violation of subsection (1);
(b)Who operates a vehicle; and
(c)Who, by reason of such operation, causes:
1.Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

2.Serious bodily injury to another commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The term serious bodily injury means an injury to another person, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.