On April 4, 2012, a Columbia County Judge dismissed a Criminal Complaint charging an Arlington Wisconsin man with three felonies, one count of first degree reckless injury and two counts of first degree reckless endangerment relating to a vehicle injury/accident in Columbia County in September, 2011.
The defendant was charged with recklessly causing injury to an individual who fell out of his pickup truck and sustained serious injuries. The defendant was also charged with two counts of first degree reckless endangerment for driving a pickup at night with two other individuals in the back of the pickup.
Stephen J. Eisenberg, a Madison Criminal Defense attorney, argued that the Criminal Complaint failed to set forth sufficient facts to establish probable cause to believe that the defendant engaged in criminally reckless conduct. This requires that the defendant’s conduct created a risk of death or great bodily harm to another person and the risk of death or great bodily harm was unreasonable and substantial and the defendant was aware that his conduct created an unreasonable and substantial risk of death or great bodily harm.
The Columbia County Circuit Court ruled that the Criminal Complaint failed to establish probable cause to believe that the defendant engaged in first degree reckless injury or first degree reckless endangerment and dismissed the Complaint.
Shortly after a late night party, three gentlemen climbed into the back of the defendant’s pickup truck. The defendant began driving the truck and had to swerve because of an object in the roadway. One of the individuals in the back of the truck fell out and seriously injured himself.
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