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Criminal Law Keyed to Gershowitz
Velazquez v. State
Citation:
561 So.2d 347Facts
Defendant (Velazquez) was a participant in a drag race along with the deceased, Adalberto Alvarez. The two men raced against each other on a public road. Nothing unfortunate happened during the race. At the finish, both cars turned and sped towards the starting line. Alvarez’s average speed on the return was 123 mph, he was not wearing a seatbelt, and he had a blood-alcohol level between .11 and .12. Velazquez’s average speed was 98 mph and he had not been drinking. When they tried to brake, neither car could stop. Alvarez went through the guardrail first; he was thrown from the car, and it landed on him. Alvarez died instantly. Velazquez survived uninjured.
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