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Winston v. State10/29/2004
nal negligence." The defense is not applicable here because Winston was charged with reckless driving and failure to exercise due care, not with striking pedestrians. Thus, "although had been in an accident, the charges against related not to the accident but to condition while driving." Moreover, the defense of accident is an affirmative defense available only where the defendant admits committing the act but seeks to justify, excuse, or mitigate it. Because Winston did not admit to driving recklessly or without due care, she had no right to a charge of accident with regard to those crimes.
Judgment affirmed. Smith, C. J., and Johnson, P. J., concur.
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