Supreme Court of Colorado

The People of the State of Colorado, Petitioner v. Richard Anthony Hernandez, Respondent

April 11, 2011250 P.3d 568

Summary

The court held that Colorado's leaving-the-scene statutes require a driver involved in an injury-producing accident to affirmatively identify himself as the driver before leaving when that fact is not reasonably apparent from the circumstances. Because Hernandez provided personal information while indicating that he was a passenger and allowing his girlfriend to claim she was driving, the court reversed the court of appeals' contrary statutory interpretation and remanded for consideration of Hernandez's remaining claims. Justice Martinez, dissenting, would have construed the statutes narrowly and declined to imply an identification requirement into criminal provisions that do not expressly contain one.