Mace

People v. Mace

Good Law
129 Cal. Rptr. 3d 500·198 Cal. App. 4th 875·2011 Cal. App. LEXIS 1113
Court of Appeal of CaliforniaAugust 24, 2011No. F060054California4,837 words

Opinion

Lead Opinion

Wiseman, J.

*878 Opinion

Defendant Andrew Mace was convicted of violating Vehicle Code section 20001 for leaving the scene of a one-vehicle accident without assisting a person injured in the accident. On appeal, Mace raises various instructional errors. We hold that a driver’s knowledge that a person involved in an accident is injured gives rise to a duty to ascertain what assistance the injured person may need. We also hold that any person who is considered a “driver” for purposes of the hit-and-run statutes has a duty to render assistance to other persons in the same vehicle who are injured in the accident, including the actual driver of the vehicle. We reject Mace’s remaining arguments and affirm the judgment.

FACTUAL AND PROCEDURAL HISTORIES

On October 26, 2008, at approximately 3:11 a.m., Kern County firefighters, including Andrew Duitsman, responded to an accident reported in a residential area known as the Powers tract in the community of Weldon, near Lake Isabella. A pickup truck was on the right-hand shoulder of Powers Lane with the front end up against a power pole. The power pole was sheared off at the base, and power had gone out in Weldon at 1:47 a.m. Pauline Mace, defendant’s…

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