Lawwly

State v. Baker

Kansas Court of Appeal

571 P.2d 65 (1977)

Relevant factsFree

Baker (defendant) was clocked driving 77 mph in a 55 mph zone. Before trial, the state successfully moved to exclude Baker's evidence that his cruise control had stuck in the "accelerate" position, causing the car to speed up before he could disengage it. The trial court found Baker guilty of speeding and of being the "driver" of the vehicle under Kansas law. Baker appealed, arguing he should have been allowed to present the cruise-control malfunction as a defense that his speeding was not a voluntary act.

IssueFree

Whether evidence of an unpreventable, involuntary act resulting in an unforeseen occurrence can be a valid defense to an absolute-liability offense.

Unlock the full brief

Free accounts read 20 full briefs. No card required.