Appellate Division of the Superior Court of California April 2, 1987, Crim. A. No. 2124 (People v. Morris)

Opinion

YEGAN, J.

In this case of first impression in California, we hold that a defendant charged with reckless driving may not defend on the theory that he did so out of “necessity” because a third person, not in his vehicle, is in need of medical assistance. In this factual context, to hold otherwise would be tantamount to our issuing an unwarranted “reckless driver’s license.