147 So. 3d 1083
Fla. Dist. Ct. App.2014Background
- Luzardo appeals a conditional plea of guilt and challenges a dispositive order denying a motion to dismiss vehicular homicide charges.
- Luzardo was speeding eastbound on the Tamiami Trail at 83.9 mph in a 55 mph zone when Ward, traveling opposite, began a left turn toward a parking space.
- Luzardo attempted to swerve to avoid Ward but struck the rear right door of Ward’s car, causing Coulson’s death.
- The State initially charged Ward with a traffic violation but later dismissed it and charged Luzardo with reckless operation under Fla. Stat. §782.071(1).
- The court held Luzardo’s conduct, though careless, did not meet the recklessness standard to sustain vehicular homicide and reversed the conviction and discharged Luzardo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Luzardo’s speed and manner of driving meet recklessness for vehicular homicide | Luzardo argues speeding and careless conduct should support recklessness | Luzardo contends the facts do not show willful or conscious disregard | No; insufficient recklessness to sustain conviction |
| Whether speed alone can support a vehicular homicide conviction | State asserts speed contributes to recklessness | Luzardo argues speed alone is insufficient | Speed alone is not determinative; must show recklessness beyond mere speeding |
| Whether the facts establish prima facie recklessness under the statute | State claims the facts show likely death or great bodily harm | Luzardo lacked a conscious indifference to consequences | prima facie recklessness not established; conviction reversed |
| Proximate causation and the driver’s retaliatory/incongruous actions | State relies on foreseeability of harm | Luzardo’s actions to avoid collision do not prove recklessness | Not sufficient to sustain recklessness; discharge proper |
Key Cases Cited
- McCreary v. State, 371 So. 2d 1024 (Fla. 1979) (recklessness requisite for vehicular homicide; speed alone not enough)
- D.E. v. State, 904 So. 2d 558 (Fla. 5th DCA 2005) (reckless driving requires more than careless behavior; fact-intensive inquiry)
- State v. Lebron, 954 So. 2d 52 (Fla. 5th DCA 2007) (recklessness defined by willful/wanton disregard; prima facie standard)
- Santisteban v. State, 72 So. 3d 187 (Fla. 4th DCA 2011) (egregious facts often present recklessness for conviction)
- House v. State, 831 So. 2d 1230 (Fla. 2d DCA 2002) (speed alone not sufficient; factual attenuation matters)
- Gensler v. State, 929 So.2d 27 (Fla. 3d DCA 2006) (recklessness shown under particular nighttime/high-speed context)
- Hamilton v. State, 439 So.2d 238 (Fla. 2d DCA 1983) (comparison of facts where recklessness affirmed vs. not here)
- Rubinger v. State, 98 So.3d 659 (Fla. 4th DCA 2012) (warning on over-reliance on speed as sole factor)