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Lumbardy v. People3/23/1981
JUSTICE DUBOFSKY delivered the Opinion of the Court.
The defendant, Frank Duane Lumbardy, appeals his conviction under section 42-4-1402, C.R.S. 1973 (1980 Supp.) (a part of the state's "hit and run" statutory scheme), for leaving the scene of an accident and failing to report the accident. Because we conclude that section 42-4-1402 applies only to accidents involving damage to a vehicle which is driven or attended by another person, it cannot serve as the basis of the defendant's conviction for leaving the scene of a single car accident. We therefore reverse.
In the early evening of March 19, 1978, the defendant drove off West 55th Avenue between Vance and Wadsworth in Arvada. His 1974 van came to rest in a V-shaped drainage ditch. The defendant, who was uninjured, was helped from his van by a friend who happened to drive past. The friend took the defendant to the defendant's son's residence less than a mile from the accident site. The son called a towing company, and was told that an employee of the towing company would report the accident to the police.
Shortly thereafter the son drove to the accident location. The police, who had arrived at the scene, questioned him about the accident. He replied that his father had been driving the van. Two police officers then accompanied the son back to his residence, questioned the defendant, and returned with the defendant to the accident location. The defendant was arrested for driving under the influence of intoxicating liquor, section 42-4-1202(1)(a), C.R.S. 1973, and leaving the scene of an accident, section 42-4-1402.
Trial was to the court. At the close of the People's case, the county judge dismissed the charge of driving under the influence of intoxicating liquor. At the close of the evidence, the judge convicted the defendant of violating section 42-4-1402. The district court affirmed the defendant's conviction. We granted certiorari to review the decision of the district court and now reverse.
The defendant was charged and convicted under section 42-4-1402, C.R.S. 1973 (1980 Supp.):
"The driver of any vehicle directly involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of section 42-4-1403...."
(Emphasis added.)
Section 42-4-1403, C.R.S. 1973, provides:
"(1) The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his name, his address, and the registration number of the vehicle he is driving and shall upon request exhibit his driver's license to the person struck or the driver or occupant of or person attending any vehicle collided with...."
(2) In the event that none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (1) of this section and no police officer is present, the driver of any vehicle involved in such accident... shall forthwith report such accident to the nearest office of a duly authorized police authority as required in section 42-4-1406 and submit thereto the information specified in subsection (1) of this section."
(Emphasis added.)
An identical Ari
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