Charles M. Rowland II
Brown & Rowland
2190 Gateway Dr.
Fairborn OH 45324
Tel: 937.879.9542
After Hours: 937.776.2671
RECKLESS OPERATION: What is the mental culpability required for the offense?
The Ohio Supreme Court, in State v. Earlenbaugh(1985), 18 Ohio St.3d 19, 21-22, stated, "we believe that the statute simply provides two definite and clear bases upon which a finding of guilt may be premised. A person may be found guilty of violating R.C. 4511.20 if he acts willfully. Such conduct implies an act done intentionally, designedly, knowingly, or purposely, without justifiable excuse. Black's Law Dictionary (5th Ed.1979) 1434. Or conversely, R.C. 4511.20 is violated when a person acts wantonly in disregard of the safety of others. A wanton act is an act done in reckless disregard of the rights of others which evinces a reckless indifference of the consequences to the life, limb, health, reputation, or property of others. (Citations omitted.)"
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