People v. Kerger

• Decision Date: 01 December 1989
• Docket Number: No. 2-88-1087,2-88-1087
• Citation: 548 N.E.2d 36,138 Ill.Dec. 806,191 Ill.App.3d 405
• Parties: , 138 Ill.Dec. 806 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Renee KERGER, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 36

548 N.E.2d 36

191 Ill.App.3d 405, 138 Ill.Dec. 806

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Renee KERGER, Defendant-Appellant.

No. 2-88-1087.

Appellate Court of Illinois Second District.

Dec. 1, 1989.

William F. Linkul, Glen Ellyn, for Renee Kerger.

James E. Ryan, Du Page County State's Atty., William L. Browers, Deputy Director, State's Attys. Appellate Prosecutor, Michael L. Shevick, Chicago, for People.

Justice REINHARD delivered the opinion of the court:

Defendant, Renee Kerger, was charged by indictment in the circuit court of Du Page County with failure to report an accident involving death or personal injury. (Ill.Rev.Stat.1987, ch. 95 1/2, par. 11-401(b).) Following a bench trial, defendant was found guilty and was sentenced to a one-year term of conditional discharge and a $400 fine.

On appeal, defendant raises two issues: (1) whether the evidence establishes beyond a reasonable doubt that defendant was "involved" in a motor vehicle accident within the meaning of section 11-401 of the Illinois Vehicle Code (Code) (Ill.Rev.Stat.1987, ch. 95 1/2, par. 11-401); and (2) whether, if defendant was involved in a motor vehicle accident, she complied with sections 11-401(b) and 11-403 of the Code.

The following relevant facts were adduced at defendant's bench trial. On September 27, 1987, at approximately 11:30 p.m., defendant was driving east on Lake Street in Addison, Illinois. In the passenger seat was her boyfriend, Tim Jones. Defendant was followed by a friend, Richard Barsanti, who was approximately one car length behind defendant's vehicle. Defendant, Jones, and Barsanti had previously been at a wedding reception. Barsanti was following defendant to Hillside, Illinois. Immediately behind Barsanti's vehicle was a third vehicle with five occupants, one of whom was Lisa DeNittis, who was seated in the left rear passenger seat, and another was Rosemary Tucker, who was seated in the middle rear passenger seat.

Lake Street is a four-lane road at the location of the accident with two lanes in each direction. There is some street lighting along Lake Street at this location. Although there is some discrepancy between several witnesses as to whether the three vehicles were in the inside lane or the curb lane as they proceeded east on Lake Street, it is clear that the Barsanti vehicle was immediately behind defendant's vehicle and followed closely by the vehicle containing DeNittis and Tucker.

While the various witnesses disagree as to certain details, the collective testimony establishes that a pedestrian attempted to cross Lake Street from north to south. Both DeNittis and Tucker testified that as the pedestrian attempted to cross the eastbound lanes of Lake Street, he was struck by the left side of defendant's vehicle, appeared to tumble or fall, and was hit head on by Barsanti's vehicle. The pedestrian, Richard Herman, died as a result of the injuries sustained in this incident.

Defendant testified that as she was driving east on Lake Street, she observed the pedestrian crossing Lake Street toward her vehicle. Defendant was forced to swerve sharply to the right to avoid hitting the pedestrian, and as she swerved, she heard a "thump" toward the rear of her vehicle. She immediately pulled over to the curb and stopped. She stated that she did not know if the pedestrian came in contact with her vehicle.

Jones, who had been sleeping, exited defendant's vehicle and went back to Barsanti's vehicle. Defendant also exited her vehicle and walked around it to see if it had sustained any damage, which, according to defendant, it had not. She then sat in the front passenger seat previously occupied by Jones.

The vehicle in which DeNittis and Tucker were passengers also pulled over and stopped. Rosemary Tucker testified that she went up to defendant, who was standing beside the passenger door of her vehicle, and observed defendant to be upset, crying, and hysterical. According to Tucker, defendant said "[M]y God, I hit him; I can't believe I hit him."

Although defendant's and Jones' testimony differs somewhat as to the subsequent events, it appears that defendant remained on or near the scene of the accident for between 45 minutes and two hours. Defendant apparently sat on a nearby porch for part of that time, and eventually Jones returned to her and told her to get into her vehicle, and he drove her home.

The evidence establishes that there were five or six police officers at the scene from time to time while defendant and Jones were present. Defendant did not talk to any police officers at the scene, nor did she contact the police within three hours after the accident. Jones testified that he attempted to approach the Barsanti vehicle and inquire as to Barsanti's whereabouts and was told to "get out of here" by a police officer.

Sometime after driving defendant home, Jones went to the Addison police department, where he eventually gave a written statement to the police indicating that he had been driving defendant's vehicle at the time of the accident. Jones admitted at trial that he falsified the statement to police as to who was driving defendant's vehicle.

In finding defendant guilty, the court found that defendant did not actually contact the pedestrian with her vehicle. The court further ruled that contact was unnecessary to constitute involvement in an accident and that based on the other evidence defendant was involved in an accident within the meaning of section 11-401 of the Code.

Defendant contends that because there was no physical contact between her vehicle and the pedestrian nor "substantial implication or connection" between her vehicle and the pedestrian who was run over by another vehicle, she was not "involved" in a motor vehicle accident and had no responsibilities under sections 11-401 and 11-403 of the Code. As defendant notes, the Code does not define the term "involved." Section 11-401 of the Code provides in pertinent part:

"(a) The driver of any vehicle involved in a motor vehicle accident resulting in personal injury to or death of any person shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible and shall then forthwith return to, and in every event shall remain at the scene of the accident until the requirements of Section 11-403 have been fulfilled." Ill.Rev.Stat.1987, ch. 95 1/2, par. 11-401(a).

In construing a statute, the court must discover the intent of the legislature in order to give it effect. (People v. Parker (1988), 123 Ill.2d 204, 209, 121 Ill.Dec. 941, 526 N.E.2d 135.) To do so, the court must consider the language of the statute, the purpose of the legislation, and the reason for its enactment. (People v. Haywood (1987), 118 Ill.2d 263, 271, 113 Ill.Dec. 236, 515 N.E.2d 45.) Although criminal statutes must be strictly construed in favor of the defendant and may not be extended in their application to cases which do not, by the strictest construction, come under their provisions (People v. Parvin (1988), 125 Ill.2d 519, 525, 127 Ill.Dec. 731, 733, 533 N.E.2d 813, 815), they must not be so rigidly construed as to defeat the intent of the legislature. Haywood, 118 Ill.2d at 271, 113 Ill.Dec. at 240, 515 N.E.2d at 49.

Neither party cites, nor do we find, any Illinois case interpreting the meaning of "involved in a motor vehicle accident." We begin, therefore, by noting that the purpose of the statute is to inform those who have been injured or damaged by another driver or the proper authorities if necessary of that driver's identity. (People v. Young (1982), 92 Ill.2d 236, 240, 65 Ill.Dec. 506, 441 N.E.2d 641; People v. Lucus (1968), 41 Ill.2d 370, 373, 243 N.E.2d 228.) In serving this purpose, the statute requires the driver of a vehicle involved in a motor vehicle accident to comply with the reporting requirements of section 11-403. We do not agree with defendant's narrow interpretation that the language requires that there be actual contact before a driver will be considered to have been involved in a motor vehicle accident. We can readily identify numerous situations where the driver of a motor vehicle would be involved in a motor vehicle accident and yet not have contact with another vehicle or pedestrian. Such a narrow interpretation as urged by defendant would defeat the purpose of the statute in many situations where the statute's purpose should otherwise be served.

In opinion No. S-1430 of the Illinois Attorney General (1979 Ill. Att'y Gen. Op. 57), the question addressed was whether there must be actual physical contact between vehicles before a driver is deemed to be "involved" pursuant to section 11-403. The example cited in the request for an opinion was where the first driver commits a driving error and the second driver reacts in a manner which avoids a collision with the first driver but still results in injury or damage to the second driver. It was asked whether the first driver is "involved" in an accident. The Attorney General stated that there does not have to be actual physical contact between vehicles before a driver is deemed to be "involved." The words "involved in an accident" within the statute were construed by the Attorney General to mean "implicated in an accident or connected with the accident in a substantial manner." (1979 Ill. Att'y Gen. Op. at 59.) The Attorney General further concluded that, in the example cited, the first driver would be "involved," but each case would depend upon its own facts.

Although an opinion of the Attorney General is not binding on this court, a well-reasoned opinion of the Attorney General is entitled to considerable weight in resolving a question of first impression in this State regarding the construction of an Illinois statute. (City of Springfield v. Allphin (1978), 74 Ill.2d 117, 130-31, 23 Ill.Dec. 516, 384 N.E.2d 310.) In this instance, the opinion of the Attorney General supports our conclusion that there...