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State v. Edgar F. Soucy

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eBook details

  • Title: State v. Edgar F. Soucy
  • Author : Supreme Court of New Hampshire
  • Release Date : January 04, 1951
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

Revised Laws, chapter 118 , section 12, does not define what constitutes operating a vehicle recklessly. Something more than
mere negligence is required however. To constitute the offense a vehicle must be operated under such circumstances, and in
such a manner, as to show a willful or reckless disregard of consequences. State v. Yosua, 91 N.H. 181, 182; People v. Allison,
226 P. (2d) 85, 86; 5 Am. Jur. 932. But an active intent is not required. State v. Yosua, supra. Morin testified that after the accident he got out of his car and saw the respondent get out of his car and that when Soucy
walked toward him he staggered, his coat was unbuttoned, he smelled of liquor and his face was flushed. There was also evidence
that Soucy had had seven drinks of whiskey in a club from which he left shortly before the accident. There was further testimony
that after the cars had been separated Soucy told Morin: "Let's go to the station." Morin did but Soucy did not report there
until the next morning after the police had called his home informing his wife to whom the car was registered that it had
been involved in an accident and a report should be made. When he did report Soucy did not know whom he had been in collision
with when asked by the police.


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