Posts tagged with "unique elements"

Defendant’s Reckless Driving Conviction Was Not Inconsistent With Acquittal for Risk of Injury Due to Unique Criminal Elements

In a recent criminal law matter, the Appellate Court of Connecticut rejected a defendant’s claim that his conviction for reckless driving was inconsistent with his acquittal for risk of injury to a child.

This case arose from an incident that occurred on the afternoon of February 10, 2007. A citizen was idling in her car at a red light, with minor children passengers, when she observed the defendant rapidly approaching her from behind in his car. He stopped within close proximity and began “honking his horn… flashing his lights and revving his car while using hand gestures urging her to proceed.” When the citizen pointed to the red light, the defendant drove his car into hers and pushed it into the middle of the intersection before proceeding past her vehicle. A passenger wrote down the license plate, which was supplied to police.

The defendant was arrested and charged with multiple counts, including reckless driving and risk of injury to a child, in violation of Connecticut General Statutes §§ 14-222 and 53-21. He was convicted of the former but acquitted on the latter and following sentencing the defendant appealed. He argued that there was insufficient evidence of reckless driving, and that the conviction was inconsistent with his acquittal on risk of injury to a child.

To be convicted of reckless driving, the State must prove beyond a reasonable doubt that the defendant operated a motor vehicle on a public highway, “having regard to the width, traffic and use of such highway… at such a rate of speed as to endanger the life of any person other than the operator of such motor vehicle.” Conversely, for risk of injury to a child, the State must instead prove that the defendant “willfully or unlawfully causes or permits any child under the age of sixteen years to be placed in such a situation that the life or limb of such child is endangered.”

In this case, the Appellate Court determined that there was sufficient evidence of reckless driving, based on the testimony of the witness describing the events that occurred. As the ultimate arbiter of credibility, the court was free to believe this testimony, in whole or in part, and in so doing had sufficient evidence to convict. In addition, the Appellate Court stated that the conviction and acquittal were not inconsistent. In a Supreme Court of Connecticut decision in 2000, the Court stated, “If the offenses charged contain different elements, then a conviction of one offense is not inconsistent on its face with an acquittal of the other.” Looking to the elements of each crime, each offense contains unique elements not found in the other, and as the results were not inconsistent. Therefore, the Appellate Court affirmed the judgment.

When faced with a charge of 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.

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