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State v. Remmers12/17/2004
the risk and disregards it; the negligent actor is not aware of the risk but should have been aware of it.' . . . 'It is the concept of conscious disregard that distinguishes recklessness from negligence. The negligent actor fails to perceive a risk that he ought to perceive. The reckless actor perceives or is conscious of the risk, but disregards it.' [Citation omitted.]" (Emphasis added.) 582 N.W.2d at 18 (quoting State v. Olsen, 462 N.W.2d 474, 476-77 [S.D. 1990]).
The PIK Crim. 3d 70.04 definition of reckless driving is reiterated for convenience as follows:
"Reckless means driving a vehicle under circumstances that show a realization of the imminence of danger to another person or the property of another where there is a conscious and unjustifiable disregard of that danger." (Emphasis added.)
In the case before us, the evidence shows defendant was driving on a rural road on a clear day. There was no evidence of speeding, swerving, driving erratically, or leaving the scene of the accident. Defendant's statement to the investigating officer was that he was inattentive and failed to see the stop sign or the approaching Smith vehicle. Evidence of defendant's mental state or aggravating circumstances necessary for a conviction of reckless driving is absent. We conclude the evidence herein is insufficient to support defendant's conviction of reckless driving (K.S.A. 8-1566 ).
Reversed.
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