He had been convicted for operating under the influence, driving to endanger and failure to stop for a police officer.
The police later said the driver was on the wrong side of the road, driving recklessly, endangering pedestrians and almost slamming into several officers on bike patrol.
Mr. Smith's driving behavior in this case was eventually examined by a grand jury, which indicted him on two counts: driving to endanger (pretty serious) and aggravated assault (very serious, the kind of thing that means jail time).
After due consideration, the district attorney responsible for prosecuting such cases in my corner of the world allowed Smith to plead out to the lesser charge of driving to endanger.
If you imperiled only yourself, you could be as thrill-seeking as you wished, but by talking on the phone while driving, you endanger other people on the road, and that's unethical, albeit not illegal.
Mr. Smith, who had several convictions for speeding and reckless driving, pleaded guilty in January to a misdemeanor charge of driving to endanger in a plea deal that included a six-month suspended sentence and the suspension of his driver's license.
Rebello-McCarthy was charged with operating a motor vehicle under the influence of liquor, driving to endanger, and marked lane violation.
Similarly, offences of endangerment that involve no 'disorder' (driving offences which endanger other road users generally, for instance, and offences involving public health and safety) often threaten the public, rather than determinate individuals.
"Current criminal penalties are simply not sufficient to deter certain members of the paparazzi from engaging in reckless driving that endangers innocent bystanders as they pursue their intended targets," said the Attorney's office in its proposal to Gov. Schwarzenegger.
He was charged with driving under the influence, endangering the welfare of a child, reckless endangerment, permitting an unauthorized person to drive a car, and related crimes.
