Reckless driving that causes the death of another MUST be charged as a felony, REGARDLESS if the offending driver is sober or intoxicated at the time of the incident.

On March 12th, 2022 Regina "Gina" Bright was taking a left hand turn into a gas station in Omaha, Nebraska.

Another driver, Jonathan McDougald was driving at an excessive rate of speed and hit her passenger side pushing her vehicle into a pole and rolling it, causing her untimely death. Jonathan’s decision to drive recklessly and speed took the life of a young mother, daughter, sister, aunt, cousin, and friend.

Jonathan was sober that night and made the conscious decision to speed and drive recklessly. Jonathan was quoted the night of the incident saying "It's all my fault" and that he was speeding that night because he was angry and upset about something. Gina's life was prematurely ended as the result of road rage and reckless driving. 

To see the a news story from that night click here. 

The black box in his car recorded him going a little over 90mph in a 35mph residential zone that night before the collision and hitting Gina's car going 65mph, tapping his brakes mere moments before the time of impact. With Jonathan going at such a high rate of speed before the collision he turned his car into a missile that would have been impossible for Regina to see as she attempted her turn. 

However, regardless of his choice to drive in a way that not only endangered him, but other people he was charged with a MISDEMEANOR Motor Vehicle Homicide charge, and not a felony even though he took a life with his negligent actions because of a gray area in the Nebraska laws regarding this sort of situation. To our understanding, the reason he was charged with a misdemeanor and not a felony in this situation is because he was not intoxicated at the time of the incident.

The judge who oversaw this case seemed equally confused and frustrated with the prosecution's unwillingness to charge Jonathan McDougald with a felony for this deadly incident. 

To read the full story about what happened to Regina and our attempts to have the charge be changed to a felony please click here.

In the end Jonathan McDougald was sentenced to 90 days in jail, two years probation and a revoked driver's license for one year.

News stories related to the family and friend's thoughts regarding this sentence can be viewed by clicking here and read here.

We as a community need to stand together to let the legislators know that this law MUST be amended to reflect that if (and sadly when) someone dies because of reckless driving regardless of if the other driver is inebriated at the time or not this MUST be charged as a felony.

When a crime such as this is charged as ONLY a misdemeanor it sets a deadly precedent that if you drive recklessly and kill someone as a result of your negligent actions that you can get off with a charge that is essentially a slap on the wrist comparative to the crime that has been committed.

We live in a time where reckless and distracted driving are a rampant epidemic, our laws must reflect the seriousness of making a conscious decision to drive in this manner, especially when someone's life is taken as a result of it.

It should also be noted that there is a distinct difference between making the deliberate choice to get behind the wheel of an automobile and drive recklessly under the influence or sober, versus someone who has a medical emergency or episode that causes a crash. 

Nebraska is ranked the 15th worst state for road rage- nearly 80% of people have experienced road rage in our state. In Nebraska 66% of all accidents are caused by road rage and with that 56% of fatal crashes involve road rage/reckless driving.

In 2022 alone, traffic fatalities is at a 15 year high with a 30% increase to deaths on the road.

An article in the Omaha World Herald published on January 3rd, 2023 states:

“The 254 deaths on Nebraska roads in 2022 were 33 more than what was recorded in 2021. The toll also is the most fatalities since the state recorded 256 traffic deaths in 2007” to read the full article click here.

Furthermore, many of the established laws regarding reckless driving haven’t been reviewed since the 1990’s, and one of them hasn’t been revised since 1954!

For example:

Speed alone does not support a conviction for reckless driving, but it does have a bearing on whether one was driving dangerously under the surroundings and attendant circumstances of the particular case. State v. Howard, 253 Neb. 523, 571 N.W.2d 308 (1997)

Prosecution for traffic infraction is a criminal action. State v. Knoles, 199 Neb. 211, 256 N.W.2d 873 (1977)

Improper turn by defendant while overtaking complainant's auto, held to be reckless driving. State v. Kufeldt, 197 Neb. 377, 248 N.W.2d 781 (1977)

History of statute reviewed in considering municipal ordinance. State v. Green, 182 Neb. 615, 156 N.W.2d 724 (1968)

Upon conviction, suspension of driver's license is authorized. Kroger v. State, 158 Neb. 73, 62 N.W.2d 312 (1954)

Reckless driving occurs when any person drives a motor vehicle in such a manner as to indicate an indifferent or wanton disregard of the safety of persons or property. State v. Malone, 26 Neb. App. 121, 917 N.W.2d 164 (2018)

Recklessness, for purposes of this section, has been defined as the disregard for or indifference to the safety of another or for the consequences of one's act. State v. Malone, 26 Neb. App. 121, 917 N.W.2d 164 (2018)

One cannot commit the greater offense of willful reckless driving without simultaneously committing the lesser offense of reckless driving; the only distinction between these offenses is intent. State v. Scherbarth, 24 Neb. App. 897, 900 N.W.2d 213 (2017)

Under certain circumstances, careless driving under section 60-6,212 should be instructed as a lesser-included offense of reckless driving. State v. Howard, 5 Neb. App. 596, 560 N.W.2d 516 (1997)

How we treat motor vehicle homicide needs to be reviewed and amended to reflect behavior of our communities as far as distracted, reckless and rage driving as well as the technology and capabilities of modern automobiles on the road.

Please sign this petition in support of legislative change to have appropriate charges and penalties when someone is killed by reckless or distracted driving, regardless if the offending driver is inebriated or not at the time of the fatal incident.

Another great way to support this important and necessary legislation change is to contact your senator if you live in the State of Nebraska and tell them about how for the safety of the community needs this legislation to change!

You can find your Senator and how to contact them by clicking here.

*Photo used for this petition is credited to this news story by WOWT.