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, Yasiel’s Mercedes is built to travel 160
miles per hour on the Autobahn, and Alligator Alley is Florida’s 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 trooper’s dash cam. This
case was made to be dropped, and this trooper’s judgment on what constitutes reckless driving is waaaay
off.
The only thing the officer can rely
on is his observations, and there’s no one around Manny’s fat S class that he put in danger (you need to endanger
another vehicle to sustain a factual basis for reckless driving.) The officer can’t 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 316.192 Reckless
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.
