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Commonwealth v. Bullick8/4/2003
ing intoxicated when the police encountered him, the Commonwealth failed to rule out the possibility that Appellant's state of intoxication came after the accident had occurred.
24 The Commonwealth also argues that Appellant must have been driving at an excessive rate of speed to produce a 100 foot skid mark. However, it offered no competent expert testimony establishing what such a skid mark implies in terms of a vehicle's speed. The Commonwealth further failed to produce testimony of the applicable speed limit on the stretch of road in question. Nevertheless, proof that Appellant was exceeding the speed limit does not necessarily prove reckless driving either. As with drivers who drive while intoxicated, life experience teaches without possibility of refutation that many drivers drive at high rates of speed on a regular basis without tragic consequence. While undoubtedly, just as driving while under the influence may increase the risk of an accident occurring, "speeding" may also increase the risk that a driver will be involved in a motor vehicle accident, more "ordinary" or "common" speeding does not necessarily produce a "substantial" risk that an accident will occur. Indeed, as anyone who has ever driven the speed limit down the interstate has easily observed, not only will an overwhelming majority of drivers who drive in excess of the legal speed limit not crash their vehicles, they will also escape citation for exceeding the speed limit.
25 This is not to say that driving fast cannot rise to a level of legal recklessness. Undoubtedly, there is a speed at which when one drives he has increased the degree of risk of an accident occurring to such a level that the willful and wantonness requirement of reckless driving will be satisfied. That is, we can assume that if one approaches speeds seen at the Indianapolis 500 while on ordinary roadways, the risk of a crash is so high as to constitute willful and wanton driving behavior. However, here, there is insufficient evidence to prove that Appellant had driven at such a high rate of speed that he created a "substantial risk" of a motor vehicle accident.
26 It is important to note that motor vehicle accidents occur on a daily basis that are not the result of reckless, or even, careless driving. The mere fact that an accident occurred here does not prove, beyond reasonable doubt, that Appellant was driving recklessly prior to running off the road. The evidence might sufficiently establish that Appellant drove too fast for the existing road conditions. However, as the discussion regarding the elements of reckless driving above indicates, reckless driving implies grossly unsafe driving behavior. While the circumstances surrounding the accident might hint at highly unsafe driving behavior, in our opinion it does not establish it beyond reasonable doubt. Appellant could have placed himself in a position of having to slam on the brakes due to momentarily falling asleep, or experiencing some sort of seizure. He may have diverted his attention momentarily from the road at the precise moment his attention was most required to negotiate a turn in the roadway. In reality, no one, other than Appellant, knows precisely how the accident occurred. However, to the extent the accident might have occurred because he was driving in a "reckless manner," Appellant did not so incriminate himself and is not compelled to do so under the law.
27 Judgment of sentence reversed.
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