People v. Sell

BARNARD, P. J.

The defendant was charged with a violation of section 480 of the Vehicle Code, it being alleged that while driving an automobile on June 19, 1949, he collided with another automobile, thereby causing injuries to four people, and that he failed to stop, to render reasonable assistance, and to give the information required by section 482. After a preliminary hearing the court found there was probable cause and held him to answer. The People have appealed from an order granting the defendant’s motion to quash and dismiss the information which was later filed.

From the evidence received at the preliminary examination the following facts appear. The accident occurred on Highway 101, a short distance north of Encinitas. The highway consisted of four lanes, the easterly two being for northbound travel and the westerly two for southbound travel. Just before the accident the defendant was driving north in the easterly lane, with a car in front of him and one behind him driven by one Deines. These cars were proceeding at about 35 miles per hour. After sounding his horn, Deines drove into the westerly of the northbound lanes for the purpose of passing the other cars. When he was nearly opposite the defendant’s car the defendant suddenly pulled over into that lane, striking or “side-swiping” the Deines car. The Deines car swerved to the left and across the double line. At the same time two other cars were coming south, one on the inside lane and one on the outside lane. By maneuvering his car Deines managed to “miss” the first of these cars, but collided with the other one. Deines and three members of his family suffered serious injuries.

In a statement which he signed the next day, the defendant

[523]

stated that he did not know what happened after his car collided with another ear, and that “I just drove on. I guess I should have stopped.” Two witnesses who were riding in a car immediately to the rear of the Deines car, and who saw the accident, testified that the driver of the defendant’s car went on a short distance, “halted” or “hesitated a moment, ’ ’ and then drove away. These witnesses followed the defendant’s car and secured its license number, which they turned over to an officer at the next town. In reply to a question Mr. Deines testified, on cross-examination, that he did not lose control of his car when it was sideswiped by the defendant’s ear.