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Driver was Racing 95 MPH Before Fatal Pompano Beach Crash: BSO

Maxx Bernstein, 29, is facing one count of vehicular homicide and four counts of reckless driving in the Aug. 18 crash

Months after an 80-year-old man was killed in a crash in Pompano Beach, authorities say they've arrested the driver of a BMW who investigators say was racing at speeds of nearly 100 mph before the collision.

Maxx Bernstein, 29, is facing one count of vehicular homicide and four counts of reckless driving in the Aug. 18 crash that killed 80-year-old James F. Stewart, Broward Sheriff's Office officials said Monday.

Bernstein surrendered to the BSO main jail on Sunday, officials said. At a hearing Monday, Bernstein's attorney argued successfully for no house arrest if he posts bond.

"I don't think Mr. Bernstein's going anywhere," attorney Jason Seidman said.

Authorities say Stewart was driving his Lexus sedan west on Northeast 14th Street near Northeast 27th Terrace the night of Aug. 18 when he was struck by a BMW driven by Bernstein.

The collision caused both cars to veer off the road and knock a concrete utility pole from its base. Stewart was pronounced dead at the scene and Bernstein was taken to Broward Health North where he was treated and released.

Investigators say based on witness accounts and surveillance video, Bernstein was racing against a motorcycle prior to the crash and was driving about 95 mph in a 35 mph zone.

Bernstein was being held on more than $100,000 bond Monday, jail records showed.

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