State v. Pardo, 2015 Del. Super. LEXIS 615 (Del. Super. Ct., Nov. 9, 2015)

Intent is not required to be proven for a conviction of leaving the scene of an accident.

The defendant, an intoxicated driver, left the scene of an accident that caused the death of a child. The defendant was convicted of leaving the scene of the collision. In his appeal, he asked for a new trial based on the fact that the court failed to address and prove the defendant had intent. The court found the sanctions for such a violation, which was a strict liability offense, were constitutional, despite the no intent element because the minimum mandatory prison term was relatively small and the conviction would not “gravely besmirch” the defendant’s reputation. A new trial was denied.

 

Case Law Alerts, 2nd Quarter, April 2018

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