Practice point: Merely speeding down the street, even alongside another vehicle, does not constitute a “speed contest,” within the meaning of § 1182(1).
Practitioners should note that a statutory violation requires that some kind of race course must have been planned by the drivers. It is not enough that two automobiles left an intersection when the traffic light turned green and, thereafter, travelled side-by-side at 55 miles an hour, with each car jockeying for position.
Case: MIC Prop. & Cas. Corp. v. Avila, NY Slip Op 06813 (2d Dept. 2009)
The opinion is here.
Monday’s issue : Trusts and Estates.
