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State v. Cameron6/16/1999
(Iowa 1971)).
[ ] In arriving at its determination, the trial court construed the statutes strictly stating: "I am reading the statutes strictly in finding that it is intended by 32-34-5 not to apply to single-car accident, but to apply to those accidents which involve other vehicles or pedestrians[.]" The trial court erred in construing a penal statute strictly. Instead, " ll penal statutes are to be construed according to the fair import of their terms, with a view to effect their objects and promote Justice." SDCL 22-1-1.
[ ] A fair construction of SDCL 32-34-5 and 32-34-3, which refer to "any accident," necessarily encompasses single-vehicle accidents. This interpretation coincides with the purpose of such statutes to protect persons injured in automobile accidents by having the drivers of such vehicles render reasonable assistance to injured persons. As this Court stated in DeSmet Ins. of South Dakota v. Gibson:
"Courts should not enlarge a statute beyond its declaration if its terms are clear and unambiguous. State v. Fryer, 496 NW2d 54, 55 (SD 1993). Yet in cases where a literal approach would functionally annul the law, the cardinal purpose of statutory construction -- ascertaining legislative intent -- ought not be limited to simply reading a statute's bare language; we must also reflect upon the purpose of the enactment, the matter sought to be corrected and the goal to be attained. Sparagon v. Native American Publishers, Inc., 1996 SD 3, § 39, 542 NW2d 125, 134 (citing Clemetson v. Minnesota Tribune Co., 45 Minn 303, 47 NW 781 (1891)); Elfring v. Paterson, 66 SD 458, 462, 285 NW 443, 445 (1939) (quoting Commonwealth v. Barney, 115 Ky 475, 74 SW 181, 184 (1903))." 1996 SD 102, § 7, 552 NW2d 98, 100. We conclude that the violation of SDCL 32-34-5, a Class 6 felony, encompasses single-car accidents, which result in severe injury or death.
[ ] Reversed and remanded.
[ ] MILLER, Chief Justice, SABERS, KONENKAMP, and GILBERTSON, Justices, concur.
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