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Insufficient evidenc to support accident convictions [NOT FINAL]

Kevin P. Sheppard won in State v. Holm, No. 100, 943 (Kan. App. May 29, 2009), reversing a Shawnee County leaving the scene of an accident and failure to report an accident convictions. The COA construed K.S.A. 8-1602 to -1604:

A reading of these statutes appears to require remaining at the scene of a noninjury accident only if the property damaged by the damaging driver is attended by another person. Therefore, a single-car, noninjury accident does not require remaining at the scene unless the property of some other person is damaged.

Because the state only showed a single-vehicle accident the COA reversed the leaving the scene of an accident conviction. Further, the Court noted that the statute has a minimum amount of damage that must occur before an accident must be reported:

K.S.A. 2008 Supp. 8-1606 only requires reporting requirements for noninjury property accidents if there is at least $1,000 in property damage. In construing K.S.A. 2008 Supp. 8-1606 in the light most favorable to the defendant, as we are required to do, Holm's conviction cannot stand. K.S.A. 2008 Supp. 8-1606 fails to criminalize the failure to report accidents with property damage less than $1,000. The State failed to introduce evidence to document an apparent $1,000 in damage to Holm's van or the ditch where it landed, although such damage may have occurred. As a result, there was insufficient evidence to support Holm's conviction for failure to report.

This might be useful in some other contexts.

Full post as published by Kansas Defenders on June 09, 2009 (boomark / email).