Car Accident After Swerve to Avoid Deer in New York
In People v. Booden, 69 NY2d 185, 505 N.E.2d 598, 513 N.Y.S.2d 87 (1987), the defendant's conviction in Walworth Town Court was overturned by the Wayne County Court.
However, the Court of Appeals reversed the County Court and reinstated the conviction.
The facts in Booden were that when the officer arrived a the scene he found a vehicle in a ditch and three individuals standing next to said vehicle. The defendant identified himself and told the officer that he had driven off the road when he swerved to avoid a deer.
During the conversation the defendant exhibited certain indicia of intoxication. The defendant also submitted to a roadside field sobriety test and later blew a .08 upon being administered a breathalyzer test.
Nevertheless, the court held that "Defendant's admission was the key' that explained those circumstances and established defendant's connection to the criminal act...."
The court relied on the circumstances as a whole to corroborate the statement of the defendant.