RECKLESS DRIVING AND HOMICIDE

• NCJ Number: 46999
• Author(s): ANON
• Date Published: 1976
• Length: 8 pages
• Corporate Author: Northwestern University Traffic Institute
• Sale Source: Northwestern University Traffic Institute
• Language: English
• Country: United States of America
• Note: TRAFFIC LAW OFFENSES SERIES

Annotation

THIS BASIC TRAINING MANUAL, WRITTEN AT THE OPERATIONAL LEVEL, PROVIDES DETAILED INFORMATION ABOUT RECKLESS DRIVING OFFENSES AND PROCEDURES A POLICE OFFICER MAY FOLLOW TO DETECT AND PREVENT THESE OFFENSES.

Abstract

RECKLESS DRIVING IS DANGEROUS DRIVER CONDUCT REFLECTING AN ATTITUDE WHICH INDICATES A LACK OF CONCERN FOR THE INJURIOUS CONSEQUENCES LIKELY TO OCCUR. SEVERAL DIFFERENT FORMULATIONS OF RECKLESS DRIVING LAWS AS INTERPRETED BY THE COURTS AMOUNT TO VIRTUALLY THE SAME THING: RECKLESS OR HEEDLESS DISREGARD FOR CONSEQUENCES, AND AN INDIFFERENCE TO THE LIKELIHOOD OF INJURY OR DAMAGE WHICH MAY RESULT FROM DANGEROUS DRIVING, IN FACT, INJURY OR DAMAGE NEED NOT OCCUR IN ORDER TO CONSTITUTE THE OFFENSE. DETECTION OF RECKLESS DRIVING IS FAR MORE DIFFICULT THAN THE RELATIVELY SIMPLE DETECTION OF A SPEEDING VIOLATION. IT MUST BE SHOWN THAT THE DRIVER DROVE IN A MANNER WHICH AN AVERAGE, REASONABLE PERSON WOULD REALIZE WAS VERY DANGEROUS AND LIKELY TO RESULT IN DAMAGE OR INJURY. THE DRIVER'S LACK OF CONCERN FOR THE CONSEQUENCES OF SUCH ACTS MUST BE PROVEN. POSSIBLE COMBINATIONS OF WILLFUL ACTS THAT MIGHT BE CONSTRUED AS RECKLESS DRIVING INCLUDE EXCESSIVE SPEED COMBINED WITH BAD WEATHER, HEAVY TRAFFIC, AND TAILGATING; HIGH SPEED PLUS POOR OR DEFECTIVE VEHICLE EQUIPMENT; DISREGARDING A SIGNAL OR SIGN; AND AN ILLEGAL TURN AT EXCESSIVE SPEED. OPERATING UNDER THE INFLUENCE OF INTOXICANTS DIFFERS GREATLY FROM RECKLESS DRIVING, AS DRIVING UNDER THE INFLUENCE DEALS WITH THE DRIVER'S CONDITION, WHILE RECKLESS DRIVING INVOLVES THE MANNER OF DRIVING. THE LATTER OFFENSE IS SOMEWHAT DIFFICULT TO PROVE, AND CLOSE COOPERATION AND COORDINATION WITH THE PROSECUTOR IS ESPECIALLY IMPORTANT. A SPECIAL 'CASE SUMMARY FORM' THAT MAY PROVE USEFUL TO THE PROSECUTOR IS ILLUSTRATED. THE ELEMENTS OF PROOF NECESSARY TO SECURE CONVICTION ARE DISCUSSED. THE MOST COMMON CHARGE IN MOTOR VEHICLE COLLISION CASES IS MOTOR VEHICLE HOMICIDE. THE UNIFORM VEHICLE CODE DEFINES HOMICIDE BY VEHICLE SIMILARLY TO 'INVOLUNTARY MANSLAUGHTER.' THERE MUST HAVE BEEN A CAUSAL RELATIONSHIP BETWEEN THE ACT OF THE DEFENDANT AD THE DEATH WHICH RESULTED. DIRECTLY STRIKING THE VICTIM IS NOT A REQUIREMENT FOR THE OFFENSE. SEVERAL STATES COMBINE RECKLESS DRIVING WITH THE DEATH OF ANOTHER PERSON TO CONSTITUTE THE OFFENSE OF 'RECKLESS HOMICIDE.' (DJM)