In the Interest of S.B., Minor Child, S.B., Minor Child, 16-0659

Fifteen-year-old S.B. was driving his parents’ car with two minor passengers when he drove over a curb and struck a tree; passenger M.P. suffered serious injuries (surgeries for spinal stabilization and intestinal injury).
Police arrived, S.B. admitted he was the driver; officers detected odor of recently burnt marijuana and observed signs (red, droopy eyes, slow speech); S.B. later told medical personnel he had ingested marijuana.
A bag of marijuana was found on the middle of the backseat; a field test confirmed marijuana.
S.B. refused breath and urine testing at the hospital; parents were present and did not want officer to speak with S.B. alone.
State filed juvenile delinquency petition alleging operating while intoxicated, serious injury by motor vehicle (reckless driving causing serious injury), and possession of a controlled substance; juvenile court adjudicated possession and serious injury but dismissed OUI for insufficient evidence.
On appeal, court reviewed de novo and affirmed possession finding but reversed the reckless-driving/serious-injury adjudication for insufficient evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether S.B. committed reckless driving causing serious injury	Accident, evidence of marijuana ingestion, and injuries show reckless conduct	Evidence insufficient to prove the required high degree of danger or knowledge; no proof of impaired operation or unlawful speed	Reversed — State failed to prove recklessness beyond a reasonable doubt
Whether S.B. possessed marijuana	Marijuana found in car, smell of burnt marijuana from S.B., S.B. admitted ingesting marijuana, vehicle owned by S.B.’s family	Two other passengers were present; marijuana was not found on S.B.’s person; proximity alone insufficient	Affirmed — sufficient evidence of constructive possession

In re A.K., 825 N.W.2d 46 (Iowa 2013) (standard of review and burden in juvenile delinquency proceedings)
State v. Atwood, 602 N.W.2d 775 (Iowa 1999) (elements of reckless driving)
State v. Torres, 495 N.W.2d 678 (Iowa 1993) (recklessness requires obvious, highly dangerous conduct)
State v. Sutton, 636 N.W.2d 107 (Iowa 2001) (recklessness requires extreme departure from ordinary care)
State v. Rohm, 609 N.W.2d 504 (Iowa 2000) (some conduct may be inherently reckless)
State v. Massick, 511 N.W.2d 384 (Iowa 1994) (driving under the influence is reckless behavior)
State v. Cashen, 666 N.W.2d 566 (Iowa 2003) (constructive possession and factors for imputation in vehicles)
State v. Maghee, 573 N.W.2d 1 (Iowa 1997) (actual physical control and constructive possession principles)
State v. Reeves, 209 N.W.2d 18 (Iowa 1973) (elements for constructive possession)
State v. Cox, 500 N.W.2d 23 (Iowa 1993) (violation of a traffic statute is not per se recklessness)
Stimmel v. Johnson, 199 N.W.2d 356 (Iowa 1972) (lack of vehicle control can be distinct from recklessness)