John W. McClarty, J., dissenting.
The majority affirms the trial court’s judgment that the defendant, Abdiqani Gelle (“Defendant”), violated a reckless driving city ordinance, Metropolitan Code of Law §12.68.180, by driving 65 miles per hour in a 45-mile-per-hour zone. The trial court determined that Defendant had failed to rebut the presumption created by the ordinance that he demonstrated “a willful and wanton disregard for the safety of persons or property,” i.e., drove recklessly. Defendant challenges the constitutionality of the ordinance. Specifically, Defendant raises the issue of whether the ordinance violates his due process rights under the Tennessee Constitution, article 1, section 8, whether the Metropolitan Government of Nashville and Davidson County (“Metro”) has jurisdiction to administer a “criminal-type punishment” due to violation of its ordinance, and whether such punishment would violate Defendant’s rights under the Tennessee Constitution, article 1, section 16. Metro argues that Defendant waived the issues by failing to properly raise them during the trial proceedings.