State v. Leonard Although defendant argues that it was his attempt to elude arrest, rather than his drunk driving, that led to the victim’s serious injury, there can be more than one proximate cause of an injury. There was sufficient evidence from which a jury could reasonably find that defendant’s drunk driving was a proximate cause of the victim’s injury: defendant was consuming alcohol on the evening of Jan. 16, 2009; he got into an altercation with his girlfriend and her family, got into his vehicle, drove it into his girlfriend’s car, refused to pull over for the police, drove the car faster than the speed limit, proceeded through a red traffic light, and collided with the victim’s vehicle; officers who responded to the incident said defendant had a strong odor of alcohol and appeared impaired; and defendant stipulated to a blood alcohol concentration of .10.
We find no error in defendant’s convictions of felonious serious injury by motor vehicle, felonious operation of a motor vehicle to elude arrest, and misdemeanor hit and run.
Tagged with: Criminal Practice dwi Felony proximate cause reckless driving Speeding to Elude Arrest
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