6th Circuit: EVASIVE ATTEMPT AT HIGH SPEED IS RECKLESS

A suspect driving at high speed in an attempt to avoid police is engaged in reckless endangerment whenever other drivers are present, the 6th Circuit Court of Appeals held.

A three-judge panel rejected the arguments of James Hazelwood that police couldn't verify his speed during the chase and

The videotape of a Perryville, Ky., officer revealed Hazelwood driving at high speed and throwing stolen money out of the window. Hazelwood eventually abandoned the car and tried to escape on foot.

His car crossed the double yellow line on several occasions. A car moved to avoid Hazelwood at one point. The chase was on a wet road.

Hazelwood argued that police did not determine specifically who was endangered, under what circumstances they were endangered, or whether or not any risk created during the flight was "substantial."

The circuit panel pointed out that no actual harm is required to show reckless endangerment.

Many courts have held leading police on a high-speed chase where others are likely to be nearby can properly be given a reckless endangerment enhancement.

Inf.: U.S. v. Hazelwood, 03-6232, 6th Circ., Feb. 23. The circuit consists of Kentucky, Michigan, Ohio and Tennessee.