State v. Gooze - 14 N.J. Super. 277, 81 A.2d 811 (Super. Ct. App. Div. 1951)

Rule:

According to its plain words, N.J. Rev. Stat. § 2:138-9, makes the act of operating a motor vehicle on a way so that the lives or safety of the public might be endangered a criminal offense. It is that act which is penalized. The intent with which the act is done is an immaterial factor.

Facts:

Defendant Samuel Gooze was convicted of causing the death of another while driving a vehicle carelessly and heedlessly in willful or wanton disregard of the rights and safety of others in violation of N.J. Rev. Stat. § 2:138-9. Witness testimony showed that defendant blacked out while driving his automobile at a speed of approximately 40 miles per hour. Defendant's out of control automobile struck two automobiles traveling in the opposite direction, the second collision causing the death of the driver. Defendant appealed, arguing that the proofs did not support the conviction for violation of R.S. 2:138-9.

Issue:

May a person knowingly suffering from a disease, the manifestations of which may recur at any time and cause a sudden "black out" or unconsciousness, be convicted under the provisions of R.S. 2:138-9? 

Answer:

Yes.

Conclusion:

The court affirmed defendant's judgment of conviction and concluded that defendant was fully aware of the disease of which he was suffering. The court found that defendant had been specifically warned by a physician that he might suffer a recurrence of sudden black outs or become unconscious and, therefore, should be careful about driving alone. The court found that defendant deliberately got behind the wheel of an automobile and operated it upon a busy highway when the reoccurring attack occurred, as such the fact clearly brought defendant's negligent conduct within the condemnation of § 2:138-9 and the evidence was sufficient to sustain the judgment of conviction.