§291C-12.6 Accidents involving bodily injury. (a) The driver of any vehicle involved in an accident resulting in bodily injury to any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of section 291C-14. Every such stop shall be made without obstructing traffic more than is necessary.
(b) Any person who violates subsection (a) shall be guilty of a misdemeanor.
(c) For any violation under this section, a surcharge of $100 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund.
(d) For any violation under this section, a surcharge of up to $100 may be imposed, in addition to other penalties, which shall be deposited into the trauma system special fund. [L 1992, c 243, §2; am L 2002, c 160, §9; am L 2008, c 231, §9]
Case Notes
Charges against defendant for accidents involving bodily injury and driving without a license were insufficient for failing to allege a mens rea and, therefore, were subject to dismissal without prejudice. 134 H. 465 (App.), 342 P.3d 884 (2015).
When viewed in the light most favorable to the State, there was sufficient evidence to show that defendant acted with at least a reckless state of mind regarding whether defendant had been "involved in an accident resulting in bodily injury to any person", where the evidence showed: (1) defendant struck complaining witness twice when defendant backed vehicle into complaining witness; (2) defendant's vehicle hit complaining witness on the side of complaining witness' leg and knee; (3) complaining witness' friend confronted defendant about hitting complaining witness; and (4) complaining witness experienced physical pain and was taken to the hospital. 134 H. 465 (App.), 342 P.3d 884 (2015).