State v. Burrell

The trial court erred in quashing the counts of an indictment that charged the defendant with aggressive driving against three separate victims because aggressive driving is a specific intent crime with a targeted victim.

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The State appeals from an order of the Superior Court of Bartow County quashing six counts of an indictment against Kirk Neal Burrell. On review, we reverse in part and affirm in part as follows. Burrell engaged in a high speed pursuit of an Acura automobile after the Acura’s driver cut him off in traffic; the chase ended with a collision. Burrell was charged with four counts of “aggressive driving,” naming as victims the driver and each of the three passengers in the Acura; in a like manner, he was also charged with four counts of “reckless driving,” with each of the occupants of the Acura named as victims. Burrell demurred to the indictment, both specially and generally. He claimed that the offenses of “aggressive driving” and “reckless driving” address solely the manner in which he drove and relate to his indicted conduct of pursuing the Acura, which conduct was unrelated to the individual occupants of the vehicle: It’s the conduct that’s prescribed sic, not the fact that it relates to the particular individuals in the automobile because the indictment says that he was pursuing a vehicle. It was the act of driving that constitutes a violation of the laws of the state, not —and it doesn’t have anything to do with the number of occupants in the automobile. Burrell argued that the counts of the indictment naming anyone other than the driver of the Acura were subject to demurrer as a matter of law.

The trial court agreed: “his act was directed toward the car and I don’t think it’s necessary nor proper to identify each particular person in the car.” The court issued an order quashing Counts 2-4 of the indictment, naming the passengers of the Acura as victims of “aggressive driving,” and quashing Counts 6-8 of the indictment, naming the passengers of the Acura as victims of “reckless driving”; the trial court found, “It is improper to charge the Defendant with one count of Aggressive Driving and one count of Reckless Driving for each of the occupants in the pursued vehicle.” Held :

State v. Burrell

The trial court erred in quashing the counts of an indictment that charged the defendant with aggressive driving against three separate victims because aggressive driving is a specific intent crime with a targeted victim.

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