DUI who commits the offense of reckless driving be charged with a felony
The broad “sweep” of such laws is consistent with national goals of making our highways safer. Where injury or damage is proximately caused by an act or a failure to act — whenever it appears from the evidence in the case that the act or omission played a substantial, direct role in bringing about or actually triggering the injury or damage. The prosecutor will seek a conviction by arguing that the death or deaths was “a reasonable probable consequence” of the egregious driving act. DUI drivers are the most common target of such felony prosecutions, but reckless driving can certainly support felony charges, when no alcohol or impairing dugs are found.
Copyright 2023. William C. Head. All Rights Reserved.