Legal Topics

Criminal Law — Reckless Driving — Immunity — Stand Your Ground Law — Unintentional Self-defense — Claim That Defendant Was Immune From Prosecution For Reckless Driving Under Section 776.032

May 28th, 2019 in News by admin

Criminal law — Reckless driving — Immunity — Stand Your Ground law — Unintentional self-defense — Claim that defendant was immune from prosecution for reckless driving under section 776.032 after colliding with another vehicle on the basis that the driver of the vehicle was firing a weapon at defendant — No error in denying defendant’s motion to dismiss because defendant did not show that he was using force within the meaning of the statute where trial court found that defendant was unable to avoid the collision due to the other driver’s sudden turn, and there is no case law finding that a defendant could unintentionally self-defend — Additionally, collision occurred while defendant was following the other driver to obtain a license plate number which was not necessary to prevent death or great bodily harm, but rather increased the risk to defendant