A woman was clocked doing 100 miles per hour in Fort Pierce, Florida. When police finally got her to pull over, the woman explained that the Lord was guiding her. She was taken into police custody and released on $375 bail. However, she now faces charges for reckless driving and for violating her probation by leaving the scene of an accident with injuries that are unrelated to her speeding incident. While “the Lord made me do it” is an original defense, it does raise questions of the legal procedures that should follow such a claim.
The Facts of the Case
The incident occurred at approximately 1 a.m. while she was on U.S. 1 in Fort Pierce. Police observed the defendant driving a silver Toyota erratically. She was also blasting the vehicle’s horn. The police report indicates that the woman was driving 100 miles per hour in a 30 miles per hour zone. When the police attempted to pull her over, the woman sped up. When they were ultimately successful in pulling the vehicle over, they asked her why she was going so fast. The woman responded that she was letting the Lord’s spirit guide her. When the police officers asked why she was honking her horn for a long duration, she replied that the Lord was telling her to do it. She was taken into custody and was released, but she now faces charges for reckless driving. The Florida statute that provides guidelines for the punishment for reckless driving is 316.192. A person who flees from a law enforcement officer in a motor vehicle is driving recklessly per se. A conviction for a first offense of reckless driving can result in imprisonment of up to 90 days, a fine between $25 and $500, or both. A second offense raises the maximum sentence to a six-month stay in jail and a $1,000 fine.
Question of Mens Rea
The prosecution generally has the burden to prove that a person committed the specific offense and that the person had the requisite mindset that is listed in the statutory language, referred to as mens rea. Statute 316.192 of the Florida code explains the charge of reckless driving as, “Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.” This means that the prosecution must successfully prove beyond a reasonable doubt that the woman in question acted with “willful or wanton disregard.” The defense attorney can argue that, because this woman was overtaken by the Lord, that she was not acting in a willful manner or with wanton disregard.
Alternatives to Jail
A defense attorney has the duty to provide the best defense to all of his or her clients. If there is an indication that a client has a mental health issue, he or she can have the client evaluated to determine if the client is competent to stand trial. The prosecution may be willing to make a plea agreement with the client if he or she agrees to seek treatment, rather than sending the client to jail.
