In “Whether Driver Intended to Hit Victim or Not, It Was Still an Accident Under Connecticut’s Evading Responsibility Statute,” we learned that the intent of the defendant was not relevant to the meaning of “accident” for purposes of the evading responsibility statute. Regardless of which story the jury chose to believe, there was sufficient evidence that the defendant unintentionally struck the victim with his car.
This article focuses on whether or not the defendant succeeded on his claim that the trial court erred in denying his post-conviction motion on the charge of reckless driving. For an individual to be convicted of reckless driving in violation of General Statutes § 14-222(a), the State must prove beyond a reasonable doubt that the defendant drove in a reckless manner on highways, roads, school properties, and parking areas.
However, in its substitute information, the State charged the defendant with reckless driving on a municipal road. As a result, the judge specifically instructed the jury, “In order for you to find the defendant guilty of reckless driving, the state must prove that… the defendant operated a motor vehicle on a municipal road…”
During the trial, the State offered an aerial map of the city in which the accident occurred, but this map did not indicate “what entity owned or maintained the streets it depicted, or whether the streets are private or open to the public.” In addition, there was no information on the map that would assist the jury with inferring such facts. Additional officer testimony left in question who maintained the road on which the accident occurred.
The Court’s Decision
On appeal, the defendant argued that there was insufficient evidence to convict him on the revised charge of reckless driving, and the Appellate Court agreed. “The record… does not contain any evidence from which the jury, without resorting to speculation and conjecture, could infer that [the one-way street] was a municipal road.” Therefore, the Court found the trial court improperly denied the defendant’s motion for a judgment of acquittal and reversed the reckless driving conviction.
Written by Lindsay E. Raber, Esq.
When faced with a charge of evading responsibility or reckless driving, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-221-3100 or at JMaya@Mayalaw.com.