Reference no: EM134040878

Assignment:

George Speed was traveling on a secondary road at approximately 9:00 p.m. It was a paved, two-lane winding road. On the night in question, there was a significant snow storm and the road were 100% snow-covered. It was still snowing at the time of the event and visibility was not ideal. Mr. Speed came up behind two cars which were travelling atapproximately 25 mph. Mr. Speed passed both cars never exceeding the posted speed limit of 55 mph. The pass occurred in a No Passing zone, but there was no oncoming traffic. Mr. Speed was not aware that he passed in a No Passing zone. Mr. Speed was subsequently pulled over by a Sheriff and cited with reckless driving. The Sheriff had also passed the two slower-moving cars but did so in a passing zone. The Sheriff told Mr. Speed he was being charged for reckless driving because he was driving too fastfor the snowy conditions and because he passed in a No Passing Zone while going uphill.

Video footage from the Sheriff's dashboard camera will show that Mr. Speed executed his pass in a No Passing zone. The video will show that Mr. Speed did not slide, skid, or swerve while executing the pass. The video will show that neither of the passed cars took evasive action during the pass. The video will show that Mr. Speed passed the cars travelling at approximately 50 mph.

1. How does the Iowa Code define reckless driving?

2. What type of criminal charge is assessed for reckless driving?

3. Does Mr. Speed's conduct constitute reckless driving?

4. Should Mr. Speed contest the charge or simply pay the fine?