Court Says Driver Must Disclose Role in Crash

SAN FRANCISCO â€”  A driver involved in an injury accident must disclose that fact to officers when it isn’t obvious, and can be charged with a felony for failing to do so, says a state appeals court.

In a ruling made public Thursday, the 1st District Court of Appeal said a California law requiring a driver to stop and report an accident, and to give identification, also includes a duty to identify oneself as the driver of a vehicle involved in the accident when that is not apparent.

The dissenter in the 2-1 ruling said such a required disclosure is not part of the law and would violate the constitutional right against compulsory self-incrimination.

The court upheld the conviction and six-month jail sentence of Mark Kroncke of San Rafael for failing to report fully a September 1995 incident in which a passenger stepped out of his moving pickup truck and was fatally injured.

Kroncke said he gave a ride to Martin Jacobsen, 21, a Danish tourist who was looking for his youth hostel in San Francisco. Unable to find it, Kroncke offered Jacobsen a ride across the Golden Gate Bridge.

He said Jacobsen suddenly demanded to be let out after they crossed the bridge, and when Kroncke explained that he couldn’t stop on the freeway, Jacobsen opened the door and stepped from the truck, which was traveling at 40 to 45 mph. Jacobsen, whose blood-alcohol content was 0.16, died in a hospital three days later.

Kroncke took the next exit, returned to the scene and reached the injured Jacobsen shortly before a Bridge District officer arrived. Kroncke identified himself but did not disclose that he had been involved in the accident, officers said. His lawyer said Kroncke had heard officers talking about a murder and was reluctant to volunteer anything.

A month later, Kroncke was questioned by a policeman and denied having seen Jacobsen before. He called back several days later and gave a full explanation.

The felony charge was based on his failure to disclose that he was a driver involved in an accident. The appeals court upheld Marin County Superior Court Judge William Stephens’ jury instruction that a driver must volunteer such information when it is not apparent.