"Mr. Higgins is observed by one of the operators driving at an extremely high rate of speed," said Judge Michael Silvanio while explaining his decision. "She indicated that she was doing 55 in a 50 and she observed Mr. Higgins vehicle coming behind her at a high rate of speed.
According to the police reports, the witness in that vehicle witnessed Mr. Higgins accelerate then get back almost tailgating her on her bumper, slowing down, continuing to accelerate at which point she moved slightly to the left to avoid these young men who were out riding their bikes," added Judge Michael Silvanio.