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Criminal Law Keyed to Ohlin
People v. Traughber
Citation:
432 Mich. 208 (1989)Facts
On December 22, 1984, at midnight, the defendant was driving at approximately 35 mph when he noticed the oncoming headlights of Linus Parr’s automobile. Parr testified that he was driving between 45 and 50 mph.
When the two cars approached each other, the defendant suddenly saw a large metal sign lying flat on the road. He was faced with a split-second decision in an attempt to avoid the sign. Thinking that he had enough space between himself and Parr’s car, he swerved to go around the sign. Parr also swerved, believing that the defendant was going off the road. The two cars collided and Parr’s passenger died.
At trial, the court held the defendant to a reasonable person standard. The court stated that the defendant should have been able to make a judgment factor at the time of going 35 mph, but failed to do so and created an emergency situation. He was convicted of negligent homicide.
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