State v. Freeland

OPINION

FIDEL, Chief Judge.

In a collision caused by an intoxicated driver, the victim’s injuries were enhanced because he was not wearing his seat belt. In this combined appeal and petition for review, we consider among other issues whether the victim’s failure to wear a seat belt constitutes an intervening, superseding cause that relieves the intoxicated driver of criminal responsibility for the victim’s enhanced injuries. We conclude that it does not.

I

On March 28, 1987, while attending a baseball game, defendant drank at least five beers. After the game, while driving a car at the posted…