What is the accident defense in a motor vehicle accident case?
California, United States of America
The following excerpt is from People v. Lozano, B262337 (Cal. App. 2016):
An accident defense is a claim that the defendant lacked the intent required for the crime. (See People v. Anderson (2011) 51 Cal.4th 989, 997.) CALCRIM No. 3404, the instruction referenced by defendant, provides in pertinent part that "The defendant is not guilty of [the crime charged] if (he/she) acted . . . . without the intent required for that crime, but instead acted accidentally."
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