In a high-speed police pursuit, can the driver of the vehicle be held liable for reckless driving under the Highway Traffic Safety Act?

California, United States of America


The following excerpt is from Ketchum v. State, 62 Cal.App.4th 957, 73 Cal.Rptr.2d 152 (Cal. App. 1998):

[62 Cal.App.4th 964] The same reasoning applies here. While high speed police pursuits, like parole releases, may result in harm or even death to innocent bystanders, the grant of immunity to those making such decisions does not authorize or immunize deliberate killings. Rather, the statute is the result of a legislative decision to grant immunity when a specific policy on pursuits has been adopted to reduce accidents, while leaving law enforcement free to adopt the appropriate methods for apprehending lawbreakers. Since there is a rational relationship between the legislative policy and the statute, there is no due process violation. (Martinez v. California, supra, 444 U.S. at p. 282, 100 S.Ct. at p. 557, 62 L.Ed.2d at p. 487.)

Other Questions


Can a driver who drives recklessly against traffic to evade police be punished only once? (California, United States of America)
Does a police officer who stops a vehicle for a violation of the Vehicle Code, order the driver and any passengers to step out of the vehicle "pending completion of the stop"? (California, United States of America)
What is the test for detention of a vehicle under section 26708 of the California Vehicle Code when a police officer stopped a motor vehicle with hanging beads attached to the driver's windshield? (California, United States of America)
Does the state impound statute allow a police officer to search a vehicle after a traffic stop where the vehicle is impounded on a public highway? (California, United States of America)
Does Section 654 of the California Criminal Code require a defendant to plead guilty to a charge of recklessly driving under the Highway Traffic Safety Act? (California, United States of America)
What evidence supports the inference that a defendant or his companion knew the vehicle contained police officers until the vehicle was identified as a police vehicle? (California, United States of America)
Is a defendant's sentence for unlawfully taking or driving a vehicle in count 5 of the California Vehicle Accused Robbery and Vehicle Theft Act stayed? (California, United States of America)
Does a police officer who parks behind a parked vehicle, approaches the driver to question the driver, does this constitute a detention? (California, United States of America)
What is the test for determining whether a defendant is liable for a motor vehicle accident under the California Vehicle Accident Act or the California Motor Vehicle Act? (California, United States of America)
What is the requirement of a pursuing vehicle to notify a person that a police vehicle is in pursuit? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.