People v. Cron

CONLEY, P. J.

This is an appeal from an order of the superior court granting a motion to set aside an information which charged Melvin S. Cron with violation of section 20001 of the California Vehicle Code in that:

“. . . on or about the 2nd day of February, 1962, in the County of Merced, State of California, and prior to the filing of this Information, [he] did wilfully and unlawfully, being then and there the driver of a vehicle involved in an accident resulting in injury to Julia Aveiro [sic], fail to immediately stop said vehicle at the scene of the accident and fulfill the requirements of Sections 20003 and 20004 of this Code.”

The ground upon which the motion was based was that

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defendant had been committed without reasonable or probable cause (Pen. Code, § 995). It is conceded that an accident did happen at the time and place indicated in the information through a rear end collision of the automobile driven by defendant with the pickup truck driven by Mr. Avario in which his wife, Julia Avario, was riding; that as a result, Mrs. Avario was thrown from the truck and sustained injuries consisting of a cracked rib and bruises and contusions; that defendant did immediately stop his vehicle and that he remained in the vicinity for about five minutes. It is also clear that he did not give to either of the A varios the information concerning his identity required by law, and he did not furnish aid to Mrs. Avario in connection with her injuries.

The contention was made by defendant’s counsel in support of his motion that it was unnecessary and impractical, if not impossible, for the defendant to have given the necessary information to Mr. and Mrs. Avario due to the fact that they were “in a state of shock” and seemed to be uncertain as to what they should do. However, there was no evidence that either of the Avarios was unconscious, and while Mr. Avario was said to be nervous, it would appear that he was fully competent at all times to receive and comprehend the information which the law required the defendant to give him.

Section 20001 of the Vehicle Code reads as follows: “The driver of any vehicle involved in an accident resulting in injury to any person, other than himself, or death of any person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004, and any person failing to stop or to comply with the requirements under such circumstances is guilty of a public offense and upon conviction thereof shall be punished by imprisonment in the state prison for not less than one year nor more than five years or in the county jail for not to exceed one year or by fine of not to exceed five thousand dollars ($5,000) or by both.”