Metropolitan Government of Nashville and Davidson County, Tennessee v. Abdiqani Gelle

The defendant appeals the trial court’s judgment finding that he violated a reckless driving city ordinance, Metropolitan Code of Law § 12.68.180, when he drove 65 miles per hour in a 45-mile-per-hour zone.  During trial, Metropolitan Government of Nashville & Davidson County, Tennessee (“Metro”) presented evidence regarding the defendant’s speed to support its allegation that the defendant was driving recklessly.  Following proof of the defendant’s excessive speed, the trial court found that the defendant had failed to rebut the presumption created by ordinance that he was driving in such a way as to demonstrate “a wilful and wanton disregard for the safety of persons or property.”  The defendant challenges the constitutionality of such ordinance, which provides a rebuttable presumption that the defendant was driving recklessly when driving at least fifteen miles per hour over the speed limit.  However, the defendant’s issues concerning constitutionality of the ordinance were not properly raised or decided by the trial court, and upon our determination that the ordinance is not facially unconstitutional, we hold that the defendant has waived his issues regarding the constitutionality of the ordinance.  Upon our review of the record, we affirm the trial court’s judgment that the defendant violated Metropolitan Code of Law § 12.68.180.