§291C-12  Accidents involving death or serious bodily injury.  (a)  The driver of any vehicle involved in an accident resulting in serious bodily injury to or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of section 291C-14.  Every such stop shall be made without obstructing traffic more than is necessary.

     (b)  Any person who violates subsection (a) shall be guilty of a class B felony.

     (c)  The license or permit to drive and any nonresident operating privilege of the person so convicted shall be revoked.

     (d)  For any violation under this section, a surcharge of $500 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund.

     (e)  For any violation under this section, a surcharge of up to $500 may be imposed, in addition to other penalties, which shall be deposited into the trauma system special fund. [L 1971, c 150, pt of §1; gen ch 1985; am L 1992, c 243, §4; am L 2002, c 160, §7; am L 2008, c 231, §7]

 

Case Notes

 

  This section does not speak in terms of requiring a driver to complete the requirements of §291C-14(a) only; this section allows compliance by satisfying the requirements of either §291C-14(a) or (b); the prosecution needs to prove beyond a reasonable doubt that defendant failed to fulfill the requirements under §291C-14(a) or (b), which set forth specific conduct constituting the offense.  The requirements in §291C-14(a) and (b) were essential elements that needed to be included in the charge; the mere reference to §291C-14 in the indictment was insufficient to allege the specific requirements in §291C-14(a) and (b) that petitioner was alleged to have contravened.  129 H. 30, 292 P.3d 1260 (2013).

  One cannot be convicted of both attempted murder by driving over another and a violation of this section.  1 H. App. 625, 623 P.2d 1271 (1981).

  Failure to stop offense committed prior to 1992 amendment must be sentenced as a class C felony.  9 H. App. 333, 839 P.2d 1186 (1992).

  Criminal liability under subsection (a) does not require proof that the driver of a vehicle caused injury to or death of a person, but only that the accident the driver was involved in resulted in injury to or death of any person; under subsection (a), a driver is "involved in an accident" when driver's vehicle is affected or implicated in the accident.  77 H. 329 (App.), 884 P.2d 392 (1994).

  Not inconsistent that jury found defendant not guilty of negligent homicide in third degree, but guilty of intentionally, knowingly, or recklessly failing to stop at accident scene.  77 H. 329 (App.), 884 P.2d 392 (1994).

  Where (1) traffic accident victim, and not defendant, caused the accident, (2) it appeared that victim's vehicle flipped over on its roof causing victim's immediate death upon impact, and (3) there was no evidence in the record that defendant's criminal misconduct of failing to remain at the scene of the accident, provide information, and render reasonable assistance pursuant to this section and §291C-14 caused victim's injuries or death, no nexus between defendant's conduct and victim's injuries and death had been demonstrated; thus, restitution could not be imposed under §706-646.  121 H. 191 (App.), 216 P.3d 117 (2009).

 

 

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