subject: Maryland Montgomery County Reckless Driving Excessive Speed Motor Vehicle Lawyers Attorneys [print this page] ERIC BURLAS vERIC BURLAS v. STATE OF MARYLAND
COURT OF SPECIAL APPEALS OF MARYLAND
May 12, 2009, Filed
Following a non-jury trial in the Circuit Court for Montgomery County, Burlas was convicted of all three offenses.
Issues:
Whether the evidence was insufficient to convict Burlas of manslaughter by motor vehicle?
The Court finds that the circumstances in which that speeds was attained amounts to sufficient evidence to support the trial court's verdict. It is clear that, because of his great speed, Burlas failed to keep his vehicle under control. It is equally clear, from the absence of pre-collision skid marks, that Burlas was unaware of the presence of Myers's vehicle at the intersection where the two collided. The impact of the colliding vehicles, as described by eyewitnesses, was so great that it caused the "cars to be airborne." It may be clearly inferred, moreover, that Burlas failed to keep a sufficient lookout in the operation of his vehicle. The nature of the area in which the collision occurred is also significant. Driving at a speed of 84 to 87 miles per hour on an interstate or other controlled access highway, although illegal, does not necessarily amount to negligence. However, the Burlas and Myers vehicles collided in what is essentially a residential area. While it is true that Georgia Avenue is divided and multi-laned, it is a busy highway in a populated residential area. Indeed, the extensive aerial photographs of the area introduced by the State clearly show that the area to the west of Georgia Avenue is residential, and the area to the east consists of park and recreational facilities. Georgia Avenue and Emory Lane are intersecting roadways intended for both vehicular and pedestrian use. The evidence of Burlas's operation of his vehicle at a greatly excessive speed, under the circumstances that have been described, was sufficient for the trial judge to have found that Burlas acted with a wanton and reckless disregard for human life. Hence, a rational trier of fact could have reasonably found that Burlas was grossly negligent, and the evidence was sufficient to convict him of manslaughter by motor vehicle.
We affirm the judgments of the circuit court.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content
Maryland Montgomery County Reckless Driving Excessive Speed Motor Vehicle Lawyers Attorneys
