[Download] "State v. Reyes" by Hawaii Supreme Court " Book PDF Kindle ePub Free

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eBook details

• Title: State v. Reyes
• Author : Hawaii Supreme Court
• Release Date : January 16, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 48 KB

Description

We are not faced with the question whether the violation of HRS § 291C-84 and 49, without more, might support a finding of the operation of a vehicle without due care in violation of HRS § 291-12. Here the finding was drawn from all of the circumstances. A violation of a rule of the road is not to be considered in isolation, in determining whether the offense defined in HRS § 291-12 has been committed. Thus, in State v. Pruett, 91 Idaho 537, 428 P.2d 43 (1967), while acknowledging that one might be guilty of speeding and yet not of reckless driving, the court found that evidence of unlawful speed together with the facts that the highway was a two-lane road in poor repair through unfenced open range and with access roads, and that the car was being driven after dark, was sufficient to support a jury verdict of reckless driving. Similarly, in People v. Lamphear, 35 A.D.2d 305, 316 N.Y.S. 2d 113 (1970), evidence of unlawful speed combined with unlawful passing of a standing vehicle by going into the left lane, when the view ahead was not clear and the lane was not free of oncoming traffic, was held to be sufficient to support a conviction of reckless driving.

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