Marci Oddi at the Indiana Law Blog spotted an interesting Indiana Appeals Court decision (NFP) reversing a reckless driving conviction.

From Wright v. Indiana:

To prove reckless driving, the State was required to prove that Wright operated a motor vehicle and recklessly drove at such an unreasonably high rate of speed under the circumstances as to endanger the safety or the property of others. Ind. Code § 9-21-8-52(a). While the State presented undisputed evidence that Wright was driving almost twice the speed limit, there was no evidence that Wright endangered the safety or property of others. …

(T)he evidence only shows that Deputy Robinson was concerned for the safety of children who were about to be let out of school. But there is no evidence that anyone was present and in actual danger at the time of Wright’s speeding offense. Wright’s conviction for reckless driving is, therefore, reversed.

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