People v. Traughber

432 Mich. 208 (1989)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D was traveling south at approximately 35 mph when he noticed the oncoming headlights of Linus Parr's automobile approximately three-quarters of a mile in front of him. Parr testified that he was traveling between 45 and 50 mph. As the two cars approached each other, each in its respective lane, D suddenly saw a large metal sign, later identified as a real estate sign, lying flat on the road. D, now approximately thirty feet from the oncoming car, was faced with a split-second decision in an attempt to avoid the sign. Judging that he had enough space between himself and Parr's automobile, D swerved to the left, into the northbound lane, to go around the sign. Upon seeing D's car enter his lane and assuming it would either continue in the left lane or go completely off the road, Parr swerved his car into D's lane, the southbound lane. As Parr was turning into the southbound lane, D now around the sign, was returning into his own lane. The two cars collided head-on just inside D's lane, the southbound lane. Rochelle Richmond, who was sitting in Parr's passenger seat, was fatally injured. D had a blood-alcohol level of 0.05 percent. D was charged with negligent homicide and operating a motor vehicle without a valid license. D had a blood-alcohol level of 0.05 percent. D was charged with negligent homicide and operating a motor vehicle without a valid license. After a bench trial, D was acquitted of operating a motor vehicle without a valid license but was convicted of negligent homicide. The Court of Appeals affirmed. D appealed.