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Ashley v. State8/18/2000
en traveling on the wrong side of the road, this in itself is sufficient to support a finding of negligence.
Ashley was driving a motor vehicle that, without apparent reason, began to swerve back and forth across the highway and finally left the road. Similar to the supreme court's conclusion in Rogge, we conclude that these circumstances, if unexplained, are sufficient to support an inference of recklessness.
We also note that Ashley took the stand and offered an exculpatory explanation of how the accident had occurred, but the jury evidently did not believe his account. When the jurors deliberated, they could consider the fact that Ashley had apparently offered a knowingly false explanation for the occurrence.
In sum, although the state's case against Ashley was almost entirely circumstantial, the courts of Alaska have repeatedly held that there is no special test that applies to cases based on circumstantial evidence. Here, we conclude that the state's evidence was sufficient to convince reasonable people, beyond a reasonable doubt, that Ashley was guilty of reckless driving.
Accordingly, Ashley's conviction for reckless driving is AFFIRMED.
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