Posts tagged with "assistance"

Whether Driver Intended to Hit Victim or Not, It Was Still an Accident Under Connecticut’s Evading Responsibility Statute

In a recent criminal law matter, the Appellate Court of Connecticut affirmed in part and reversed in part a trial court’s denial of the defendant’s motion for a judgment of acquittal following his conviction on evading responsibility and reckless driving. This story focuses on the first charge.

This case arose from an incident that occurred on August 23, 2007. The defendant struck the victim while traveling in the wrong direction on the one-way portion of a street, but did not stop to render any assistance. The defendant was located a short distance away and subsequently charged with evading responsibility, reckless driving, and operating a vehicle the wrong direction on a one-way street. At trial, the State argued that the defendant intentionally drove his car into the victim, but the defendant countered that he never intended to strike the victim. Rather, he claimed that he “did so unintentionally after the victim leaped in front of his vehicle while he was attempting to drive past the victim.”

The defendant was convicted on all counts, but filed a motion for a judgment of acquittal, alleging insufficient evidence to prove that he evaded responsibility. He argued that “the term accident, as it is used in § 14-224(b), encompasses only unintentional conduct.” The motion was denied, and the defendant appealed.

To convict an individual of evading responsibility under General Statutes § 14-224(a), the State must prove “(1) the defendant was operating the motor vehicle, (2) the defendant was knowingly involved in an accident… (3) that accident caused the death or serious physical injury of any other person… [and] (4) that the defendant failed to stop at once to render such assistance as may have been needed…” This statute does not provide a definition of “accident.” In a previous case, the Appellate Court of Connecticut was presented with a factually similar scenario, but found “no reason to define the term ‘accident’ in § 14-224, as there [was] sufficient in the record to support the jury’s verdict under any definition of the term.”

In this case, the Appellate Court held the same conclusion and affirmed the defendant’s conviction for evading responsibility. It explained, “There was sufficient evidence in the record for the jury to conclude that the collision was the result of unintentional conduct on part of the defendant, thereby constituting an accident under any definition of the term.” The State satisfied its evidentiary burden beyond a reasonable doubt, and the Court upheld the trial court’s denial of the defendant’s motion with respect to this charge.

For the Appellate Court’s determination with respect to the reckless driving charge, please read “Court Considers Whether Reckless Driving Conviction Was Proper Under Revised Charge.”

When faced with a charge of evading responsibility or reckless driving, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-221-3100 or at JMaya@Mayalaw.com.

Written by Lindsay E. Raber, Esq.

Driver Found Guilty of Evading Responsibility, Despite Not Realizing He Caused Victim’s Death

In a recent criminal law matter, the Appellate Court of Connecticut affirmed a defendant’s conviction for evading responsibility, unconvinced that the State did not present sufficient evidence of the crime.

This case arose from an incident that occurred shortly before midnight on June 3, 2008. A tractor trailer struck a motorcycle driven by the victim, who was killed instantly. However, the driver of the truck did not stop to render any assistance, but instead drove off. Subsequently, the defendant, a tractor-trailer truck driver, was arrested and charged with evading responsibility in violation of Connecticut General Statutes (CGS) § 14-224(a).

At trial, the State presented testimony from two witnesses. The first saw the accident and testified that she observed two working headlights on the tractor-trailer truck just prior to the collision. A second witness observed a tractor-trailer truck parked a short distance from the accident. This witness “saw the driver get out of the cab of the truck, walk around to its front, and then get back into the cab and drive away.” This witness further noted that the truck’s left headlight was not lit, and both witnesses described unique features and characteristics that were present on the defendant’s tractor-trailer truck.

The State also submitted a sworn police statement given by the defendant. He stated that he was driving at the intersection at the time of the incident when “he heard a ‘bang.’ He stated that he assumed something had become ‘hung up between the truck and the trailer’ and therefore stopped only briefly before leaving the scene of the accident.” The defendant further claimed that the headlight that was out was in that condition earlier that night. The jury found the defendant guilty, and he was sentenced to forty-four months of incarceration. The defendant appealed, arguing that the State provided insufficient evidence that he was the driver of the truck that killed the motorcyclist, and that he knew he was involved in an accident.

To convict an individual under CGS § 14-224(a), the State must prove “(1) the defendant was operating the motor vehicle, (2) the defendant was knowingly involved in an accident… (3) that accident caused the death or serious physical injury of any other person… [and] (4) that the defendant failed to stop at once to render such assistance as may have been needed…” Particularly important, however, is the interaction between the second and third elements: a defendant doesn’t have to know that the accident actually caused an injury.

In this case, the Appellate Court believed that based on the evidence presented, the jury could have reasonably concluded that the defendant was the driver in question. Furthermore, that the defendant did not know he caused an injury was not dispositive. “[W]hether a defendant had knowledge that an accident caused injury… is irrelevant to the crime of evading responsibility.” Because the first three elements were satisfied and the defendant did not stop to render assistance to the victim, the State proved beyond a reasonable doubt that he violated CGS § 14-224(a). After addressing and rejecting additional matters on appeal, the Appellate Court affirmed judgment.

When faced with a charge of evading responsibility, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-221-3100 or at JMaya@Mayalaw.com.

Written by Lindsay E. Raber, Esq.

“Intention Was Not to Summon Help, but Rather to Escape Detention”: Appellate Court Upholds Evading Responsibility Conviction

In a recent criminal law matter, the Appellate Court of Connecticut considered a defendant’s sufficiency of the evidence claim following his conviction for evasion of responsibility in the operation of a motor vehicle (evading responsibility) in violation of Connecticut General Statutes (CGS) § 14-224(b).

This case arose from an incident that occurred shortly before midnight on March 5, 2005 near the Bethel-Danbury town line. The defendant was driving with two passengers when he lost control of his car, struck a telephone pole, and landed sideways on an embankment. All three safely exited the vehicle, and despite the close proximity of houses from which to seek help, the defendant and Passenger One ran into a nearby wooded area, leaving Passenger Two behind. Police responded to the scene, where they observed that the pole was “leaning dangerously low to the ground in such a way that the wires could be brought down by a passing vehicle.” In addition, they found Passenger Two, who was disoriented, bleeding, and in need of medical attention. Soon thereafter, the defendant and Passenger One were located at the latter’s house, which was located fairly nearby. Along their route were at least ten houses, but neither the defendant nor Passenger One stopped at any of these so they could contact the police or seek help. Neither sought help once they arrived at Passenger One’s residence.

The defendant was charged with two counts of evading responsibility: one for Passenger Two’s injuries, the other for the downed telephone pole. After subsequent conviction, the defendant appealed, arguing that he rendered assistance in compliance with CGS § 14-224(b), because Passenger Two’s injuries were only minor and he left the scene to get help. In addition, he argued that “[t]here was no assistance that [he] could have safely provided” with respect to the downed telephone pole.

To convict a criminal defendant of evading responsibility, the State must first prove: “(1) the defendant was operating a motor vehicle, (2) the defendant was knowingly involved in an accident and (3) the accident caused physical injury to any other person or damage to property.” When these threshold elements are established beyond a reasonable doubt, the State must establish one or more of the following: failure to (4) immediately stop and render necessary assistance; (5) provide identifying information with the person injured or owner of damaged property; or (6) if unable to satisfy (5), call police and leave such identifying information with them. In this case, the defendant did not contest the threshold inquiries, but argued that the State did not provide sufficient evidence, for both counts, the existence of the fourth element.

The Appellate Court was not persuaded by the defendant’s claims that he offered the requisite assistance prescribed in CGS § 14-224(b)(4). Passenger Two was clearly in need of medical attention, yet the defendant attempted to minimize the injuries. “A defendant cannot avoid his obligations under § 14-224 by engaging in post hoc speculation as to whether his assistance would have been necessary.” In addition, the Appellate Court found the defendant could have provided assistance regarding the downed telephone pole. At the very least, he could have called police or “alerted other motorists, who might have passed by, of the unsafe roadway condition from a position on the side of the road.” The trial court was free to reject the defendant’s arguments, and could have “reasonably inferred that the defendant’s intention was not to summon help, but rather to escape detection.” Therefore, the Appellate Court affirmed the judgment.

When faced with a charge of evading responsibility, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-221-3100 or at JMaya@Mayalaw.com.

Written by Lindsay E. Raber, Esq.