Hulk Hogan's Son Will Plead Not Guilty

17-year-old Nick Bollea's future unclear in aftermath of crash, passenger injury.

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Nick Bollea

Bollea's age and lack of criminal record will likely be considered, as will his spotty driving history. Was he racing? How much of a role did alcohol play?

And how significant was it that passenger John Graziano was not wearing a seat belt when Bollea's Toyota Supra slammed into a palm tree Aug. 26?

Bollea's lawyer, Morris "Sandy" Weinberg Jr., said Thursday his client plans to plead not guilty to the charge of reckless driving with serious bodily injury. The felony is punishable by up to five years in prison.

Bollea also faces two misdemeanors - using a motor vehicle in the commission of a felony and being a driver under 21 operating a vehicle with a breath-alcohol content of 0.02 percent or higher - and a traffic infraction for illegal window tinting.

Bollea, the son of wrestling star Hulk Hogan, was charged as an adult. Weinberg said it may be up to a year or longer before the case is resolved.

Weinberg and colleague Kevin Hayslett have already tried to focus public attention on the role seat belts played in the crash.

They gave a statement saying his family will work to increase public awareness about the importance of wearing a seat belt.

"The tragedy to both families is compounded by the fact that unfortunately John was not wearing his seat belt," the statement read. "Thankfully, Nick was wearing his."

Kimberly Kohn, the lawyer representing Graziano's father, Edward Graziano, said she was stunned at the statement, which she described as a deflection of blame.

"If they're going to be doing a campaign, I think they should do a campaign on excessive speed, a campaign on underage drinking and a campaign on underage drinking and driving," Kohn said.

George Tragos, the lawyer representing John Graziano's mother, Debra Graziano, said the statement was "misdirection to focus attention where it shouldn't be."

The seat belt issue is an argument for civil court, not criminal court, said Joe McDermott, a criminal defense lawyer in St. Pete Beach who is not involved in the case.

"It makes a difference on the civil side because if you're not wearing a seat belt you can't claim damages to the extent that your seat belt may have prevented injury," he said.

According to state law, it is the responsibility of an adult sitting in the front passenger seat of a moving vehicle to put on a seat belt.

Several witnesses told investigators that they saw Bollea racing another car before the crash. And a blood test revealed that Bollea had alcohol in his system, though it was lower than the level at which Florida law considers a driver impaired.

The questions about racing and alcohol likely contributed to the decision to charge Bollea as an adult, said Joe Episcopo, a local criminal defense lawyer with no connection to the case.

If Bollea is sentenced, the punishment could range from probation to prison time, depending on whether the judge sentences him as a juvenile; a youthful offender, who must be younger than 21; or an adult.