98 So. 3d 659
Fla. Dist. Ct. App.2012Background
- Rubinger rear-ended the victim's car on Interstate 595, resulting in the victim's death.
- The victim and passenger were traveling at 50–55 mph; speed was contested.
- State evidence suggested Rubinger was traveling at a high rate of speed; no direct evidence of erratic or distracted driving.
- Immediately after the crash, Rubinger spoke on a cell phone, fixed her hair, and applied makeup; witnesses described her as distracted and hurried to a party.
- Emergency personnel noted Rubinger appeared indifferent; some witnesses did not smell alcohol and did not observe impairment; Rubinger did not know the victim had died at that time.
- Rubinger was charged with multiple offenses including DUI manslaughter and vehicular homicide; motion in limine sought to exclude post-accident conduct evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether post-accident conduct evidence was admissible. | Rubinger; evidence is character evidence and prejudicial. | State; evidence shows mental state relevant to recklessness. | Admitted error; evidence not relevant to recklessness and was prejudicial; reversible error. |
Key Cases Cited
- Taylor v. State, 855 So.2d 1 (Fla. 2003) (weighing probative value against unfair prejudice; Taylor standard)
- State v. DiGuilio, 491 So.2d 1129 (Fla. 1986) (harmless error test for trial-court evidentiary rulings)
- Santisteban v. State, 72 So.3d 187 (Fla. 4th DCA 2011) (reckless driving elements; willful or wanton disregard)
- D.E. v. State, 904 So.2d 558 (Fla. 5th DCA 2005) (reckless operation standard in vehicular homicide context)
- Dessaure v. State, 891 So.2d 455 (Fla. 2004) (standard for motion in limine on admissibility)
- Bowen v. State, 791 So.2d 44 (Fla. 2d DCA 2001) (definition of culpable negligence as a lesser included offense)