How does the Iowa Code define reckless driving? 2. What type of criminal charge is assessed for
Question:
How does the Iowa Code define reckless driving?
2. What type of criminal charge is assessed for reckless driving?
3. Does Mr. Speed's conduct constitute reckless driving?
4. Should Mr. Speed contest the charge or simply pay the fine?
George Speed was traveling on a secondary road at approximately 9:00 p.m. It was a paved, two-lane winding road. On the night in question, there was a significant snowstorm and the road was 100% snow-covered. It was still snowing at the time of the event and visibility was not ideal. Mr. Speed came up behind two cars which were traveling at approximately 25 mph. Mr. Speed passed both cars never exceeding the posted speed limit of 55 mph. The pass occurred in a No Passing zone, but there was no oncoming traffic. Mr. Speed was not aware that he passed in a No Passing zone. Mr. Speed was subsequently pulled over by a Sheriff and cited with reckless driving. The Sheriff had also passed the two slower-moving cars but did so in a passing zone. The Sheriff told Mr. Speed he was being charged with reckless driving because he was driving too fast for the snowy conditions and because he passed in a No Passing Zone while going uphill.
Video footage from the Sheriff's dashboard camera will show that Mr. Speed executed his pass in a No Passing zone. The video will show that Mr. Speed did not slide, skid, or swerve
while executing the pass. The video will show that neither of the passed cars took evasive action
during the pass. The video will show that Mr. Speed passed the cars traveling at approximately 50 mph.
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts