Reckless Driving

New York Reckless Driving

sris — Sat, 10 May 2008 03:56:44 +0000

Accusatory instrument contained sufficient nonhearsay factual allegations that defendant operated a motor vehicle while impaired by the combined influence of alcohol and any drug or drugs, even though drugs defendant was alleged to have used were not listed in the Public Health Law; driving while impaired statute defendant was charged under did not contain limitation of “drug as defined in this chapter,” and contemplated chemicals beyond those listed in the Public Health Law. People v. Schell, 18 Misc.3d 972, 849 N.Y.S.2d 882 (N.Y.City Crim.Ct., 2008).

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New York Reckless Driving

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New York Reckless Driving

sris — Sat, 10 May 2008 03:51:00 +0000

Criminal negligence statutes proscribe conduct which is inadvertent as to risk only because the actor is insensitive to the interests and claims of other persons in society. People v. Cabrera, 40 A.D.3d 1139, 835 N.Y.S.2d 747 (N.Y.A.D. 3 Dept., 2007).

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New York Reckless Driving

sris — Sat, 10 May 2008 00:09:10 +0000

“Reckless driving” within penal statute imports a disregard of consequences and means something more than mere negligence sufficient to sustain a claim for damages. Application of Kafka, 272 A.D. 364, 71 N.Y.S.2d 179 (N.Y.A.D. 1 Dept. 1947).

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New York Reckless Driving

sris — Sat, 10 May 2008 00:08:57 +0000

Trial court did not abuse its discretion in imposing three-year driver’s license suspension upon conviction for reckless driving. People v. Logalbo, 76 A.D.2d 990, 429 N.Y.S.2d 286 (N.Y.A.D., 1980).

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New York Reckless Driving

sris — Sat, 10 May 2008 00:08:45 +0000

Once jury found defendant guilty of reckless driving as lesser included charge under count of indictment charging assault in second degree, it should have stopped its deliberation and not have considered the driving while impaired charge, which was predicated on same motor vehicle accident as other count in the indictment. People v. Logalbo, 76 A.D.2d 990, 429 N.Y.S.2d 286 (N.Y.A.D., 1980).

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New York Reckless Driving

sris — Sat, 10 May 2008 00:08:32 +0000

Defendant, who failed to object to court’s charge before jury retired to deliberate, waived his contention that trial court improperly charged reckless driving as lesser included offense of assault in second degree. People v. Logalbo, 76 A.D.2d 990, 429 N.Y.S.2d 286 (N.Y.A.D., 1980).

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New York Reckless Driving

sris — Sat, 10 May 2008 00:08:16 +0000

“Wanton and reckless conduct”, defined as acts done with an utter disregard of the rights and safety of another or his property, may constitute “willful and malicious injury” to the person or property of another, and “willful negligence” is a reckless indifference to the safety of human life, or an intentional failure to perform a manifest duty to the public, in the performance of which the public and party injured has an interest. Margulies v. Garwood, 178 Misc. 970, 36 N.Y.S.2d 946 (N.Y. Sup. 1942).

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New York Reckless Driving

sris — Sat, 10 May 2008 00:08:00 +0000

Where defendant drove on wrong side of road at a fast and excessive rate of speed in effort to overtake a bus causing an automobile collision, and defendant pleaded guilty of reckless driving charge, a judgment against defendant for resulting injuries was a liability for “wilful and malicious injury * * * ” and was not dischargeable in bankruptcy. Margulies v. Garwood, 178 Misc. 970, 36 N.Y.S.2d 946 (N.Y. Sup. 1942).

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New York Reckless Driving

sris — Sat, 10 May 2008 00:07:45 +0000

Defendant was not denied a speedy trial in regard to his prosecution on charges of driving while under the influence of alcohol due to delay occasioned by his previous prosecution on charges of manslaughter in the second degree, reckless driving, and speeding, where defendant failed to allege with specificity that the delay had been so long that he had been deprived of his constitutional rights as a direct result of the delay. People v. McHugh, 126 Misc.2d 116, 481 N.Y.S.2d 222 (N.Y.Sup., 1984).

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New York Reckless Driving

sris — Sat, 10 May 2008 00:07:31 +0000

Defendant, who actively consented and argued for severance of his prosecution on charges of manslaughter in the second-degree, speeding, and reckless driving from prosecution for driving while under the influence of alcohol, and who later opposed the People’s motion for reconsolidation but subsequently claimed that his prosecution on the charges of driving while under the influence of alcohol was barred by prior prosecution on the manslaughter, speeding, and reckless driving charges, waived any double jeopardy claim. People v. McHugh, 126 Misc.2d 116, 481 N.Y.S.2d 222 (N.Y.Sup., 1984).

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New York Reckless Driving

sris — Sat, 10 May 2008 00:07:19 +0000

State protection against double jeopardy can be waived. People v. McHugh, 126 Misc.2d 116, 481 N.Y.S.2d 222 (N.Y.Sup., 1984).

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New York Reckless Driving

sris — Sat, 10 May 2008 00:07:06 +0000

Although a defendant is normally entitled to have all charges result in one proceeding, there is no violation of double jeopardy when he chooses to have the two offenses tried separately. People v. McHugh, 126 Misc.2d 116, 481 N.Y.S.2d 222 (N.Y.Sup., 1984).

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New York Reckless Driving

sris — Sat, 10 May 2008 00:06:51 +0000

Courts are encouraged to consolidate charges when justice, economy and convenience can be achieved; however, separate trials by court order are required when joinder would be prejudicial. People v. McHugh, 126 Misc.2d 116, 481 N.Y.S.2d 222 (N.Y.Sup., 1984).

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New York Reckless Driving

sris — Sat, 10 May 2008 00:06:38 +0000

Double jeopardy stands as a constitutional and statutory barrier against tyranny by an overzealous prosecutor. People v. McHugh, 126 Misc.2d 116, 481 N.Y.S.2d 222 (N.Y.Sup., 1984).

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New York Reckless Driving

sris — Sat, 10 May 2008 00:06:24 +0000

Defendant’s prior acquittal on charges of manslaughter in the second-degree and his prior conviction of reckless driving did not bar, under doctrine of collateral estoppel, his subsequent prosecution for operating a motor vehicle while under the influence of alcohol, even though the offenses arose out of the same offense, where there was nothing in jury’s verdict that pointed to conclusion that the issue of intoxication was determined one way or another. People v. McHugh, 126 Misc.2d 116, 481 N.Y.S.2d 222 (N.Y.Sup., 1984).

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New York Reckless Driving

sris — Sat, 10 May 2008 00:06:06 +0000

Collateral estoppel lies only when a court can point with certainty that the issue in question was necessarily determined in a prior proceeding. People v. McHugh, 126 Misc.2d 116, 481 N.Y.S.2d 222 (N.Y.Sup., 1984).

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New York Reckless Driving

sris — Sat, 10 May 2008 00:05:51 +0000

Under doctrine of collateral estoppel, an issue of ultimate fact, which has once been determined by a valid and final judgment, cannot again be litigated by same parties in any future lawsuit; such doctrine is an essential part of the prohibition against double jeopardy. People v. McHugh, 126 Misc.2d 116, 481 N.Y.S.2d 222 (N.Y.Sup., 1984).

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New York Reckless Driving

sris — Sat, 10 May 2008 00:05:36 +0000

Defendant’s prior acquittal on charges of manslaughter in the second degree and his prior conviction for reckless driving did not bar, under doctrine of double jeopardy, defendant’s subsequent prosecution for operating a motor vehicle while under the influence of alcohol, even though all charges arose out of the same events, since elements of proof for each offense were substantially different. People v. McHugh, 126 Misc.2d 116, 481 N.Y.S.2d 222 (N.Y.Sup., 1984).

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New York Reckless Driving

sris — Sat, 10 May 2008 00:04:46 +0000

“Culpable negligence,” within statute defining offense of driving automobile in culpable and negligent manner, thereby causing another’s death, is something more than slight negligence necessary to support civil action for damages, but means disregard of consequences and indifference to others’ rights. People v. Carroll, 5 Misc.2d 277, 163 N.Y.S.2d 819 (N.Y.Co.Ct., 1957).

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New York Reckless Driving

sris — Sat, 10 May 2008 00:04:33 +0000

“Reckless driving,” within statute defining offense of driving automobile in reckless and negligent manner, thereby causing another’s death, means running or operation of automobile under circumstances showing driver’s reckless disregard of consequences. People v. Carroll, 5 Misc.2d 277, 163 N.Y.S.2d 819 (N.Y.Co.Ct., 1957).

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New York Reckless Driving

sris — Sat, 10 May 2008 00:04:18 +0000

One indicted for driving automobile in reckless, culpable and negligent manner, causing another’s death, and misdemeanor of driving while intoxicated was not entitled to inspect grand jury minutes. People v. Carroll, 5 Misc.2d 277, 163 N.Y.S.2d 819 (N.Y.Co.Ct., 1957).

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New York Reckless Driving

sris — Sat, 10 May 2008 00:04:03 +0000

Evidence was insufficient to sustain conviction for reckless driving, where defendant drove his automobile so that it collided with the automobile of the complainant. People v. Spencer, 129 N.Y.S.2d 474 (N.Y.Co.Ct. 1954).

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New York Reckless Driving

sris — Sat, 10 May 2008 00:03:50 +0000

“Reckless driving” within the statute is more than ordinary negligence and to convict for reckless driving the trier of facts must find from the evidence that defendant drove his automobile in a manner showing wanton disregard of the rights and consequences of others using the public highways. People v. Spencer, 129 N.Y.S.2d 474 (N.Y.Co.Ct. 1954).

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New York Reckless Driving

sris — Sat, 10 May 2008 00:03:34 +0000

The duties of a magistrate are laid upon the officer and not upon the municipality. Luckie v. Goddard, 171 Misc. 774, 13 N.Y.S.2d 808 (N.Y. Sup. 1939).

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