Legal Opinion

State v. Tempesta

Supreme Judicial Court of Maine

Decided December 24, 1992PublishedCited by 8 opinions

1Opinion of the Court

COLLINS, Justice.

Gerald Tempesta appeals from judgment entered in Superior Court (Androscoggin County, Alexander, J.) affirming the judgment of the District Court (Lewiston, Beli-veau, J.) convicting him of driving to endanger in violation of 29 M.R.S.A. § 1314 (Pamph.1991) for splashing snow slush onto a police cruiser and two other vehicles. 1 Because we agree with Tempesta’s assertion that the State failed to prove that his splashing snow slush was criminally negligent, we vacate the conviction.

The court heard the following evidence: At about 8:45 AM on Sunday, March 24, 1991, Tempesta was…

2Cases cited4 opinions

  1. State v. CrockerSupreme Judicial Court of Maine · 1981
  2. State v. PhilbrickSupreme Judicial Court of Maine · 1988
  3. City of Portland v. Gemini Concerts, Inc.Supreme Judicial Court of Maine · 1984
  4. State v. DavisSupreme Judicial Court of Maine · 1979

3Cited by8 opinions

  1. State v. Ho TaiSupreme Judicial Court of Maine · 1993
  2. State v. MoontriSupreme Judicial Court of Maine · 1994
  3. State v. RossignolSupreme Judicial Court of Maine · 1995
  4. State v. EmersonSupreme Judicial Court of Maine · 1996
  5. State v. OwensSupreme Judicial Court of Maine · 1994

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