Velazquez v. State

561 So. 2d 347 (1990)

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Velazquez v. State

Florida District Court of Appeal
561 So. 2d 347 (1990)

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Facts

Isaac Velazquez (defendant) and Adalberto Alvarez agreed to a drag race. They set the start line near a guardrail overlooking a canal and set the finish line a quarter mile away from the canal. Velazquez and Alvarez completed the course without incident. However, Alvarez then whirled his car around and began racing back toward the start line at approximately 123 miles per hour. Velazquez followed suit at around 98 miles per hour. Both drivers were unable to brake in time to avoid crashing through the guardrail. Alvarez’s car went over the canal. He was thrown from the car and died instantly when the car landed on him. Velazquez landed in the canal and escaped safely. Velazquez was charged with vehicular homicide. He moved to dismiss, arguing that the facts did not show that Velazquez’s conduct was the proximate cause of Alvarez’s death. The trial court denied the motion, and Velazquez was convicted. Velazquez appealed.

Rule of Law

Issue

Holding and Reasoning (Hubbart, J.)

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