a police officer’s testimony that the defendant was under the influence of alcohol is “always a proper consideration on a charge of ‘careless and heedless’ driving” (citations omitted)
How later courts described this case
- a police officer’s testimony that the defendant was under the influence of alcohol is “always a proper consideration on a charge of ‘careless and heedless’ driving” (citations omitted)
Written by the judges who cited it.
The opinion
*260 CONCURRING OPINION OF
CASSIDY, J.
I concur in the construction of R.L.H. 1955, § 311-1, adopted in the court’s opinion. I also am in full accord with the ultimate holding that the evidence sustains the conviction. However, I am unable to agree that the proof in the case warrants the inference defendant impetuously “stepped on the gas” after he turned into Sixth Avenue. On my analysis of the evidence, the conviction soundly and properly rests on the permitted inference that the defendant — whatever the speed he was travelling at the time — negligently failed to observe and react to the presence in his path of the parked Dodge as he proceeded up Sixth Avenue.