§291C-14  Duty to give information and render aid.  (a)  The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give the driver's name, address, and the registration number of the vehicle the driver is driving, and shall upon request and if available exhibit the driver's license or permit to drive to any person injured in the accident or to the driver or occupant of or person attending any vehicle or other property damaged in the accident and shall give such information and upon request exhibit such license or permit to any police officer at the scene of the accident or who is investigating the accident and shall render to any person injured in the accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of the person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person; provided that if the vehicle involved in the accident is a bicycle, the driver of the bicycle need not exhibit a license or permit to drive.

     (b)  In the event that none of the persons specified is in condition to receive the information to which they otherwise would be entitled under subsection (a), and no police officer is present, the driver of any vehicle involved in the accident after fulfilling all other requirements of section 291C-12, 291C-12.5, or 291C-12.6, and subsection (a) of this section, insofar as possible on the driver's part to be performed, shall forthwith report the accident to the nearest police officer and submit thereto the information specified in subsection (a).

     (c)  For any violation under this section, a surcharge of up to $100 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; am L 1984, c 273, §4; gen ch 1985; am L 1992, c 243, §5; am L 2008, c 231, §11]

 

Case Notes

 

  Section did not violate defendant's privilege against self-incrimination.  64 H. 479, 643 P.2d 541 (1982).

  Section 291C-12 does not speak in terms of requiring a driver to complete the requirements of subsection (a) only; §291C-12 allows compliance by satisfying the requirements of either subsection (a) or (b); the prosecution needs to prove beyond a reasonable doubt that defendant failed to fulfill the requirements under subsection (a) or (b), which set forth specific conduct constituting the offense.  The requirements in subsections (a) and (b) were essential elements that needed to be included in the charge; the mere reference to this section in the indictment was insufficient to allege the specific requirements in subsections (a) and (b) that petitioner was alleged to have contravened.  129 H. 30, 292 P.3d 1260 (2013).

  An offense under §291C-15 is an included offense under this section and §291C-13.  9 H. App. 156, 828 P.2d 298 (1992).

  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 §291C-12 and this section 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).

 

 

Previous Vol05_Ch0261-0319 Next