State v. Caibaiosai

363 N.W.2d 574 (1985)

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Nature of the Case

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Facts

D was driving his 1977 Harley-Davidson motorcycle with Janet Tunkieicz as his passenger. Ahead of D was David Dickinson operating a motorcycle with his passenger Yvonne Mink in the sidecar. Mink testified D and Tunkieicz pulled into the oncoming lane and passed them. She estimated that D was driving somewhere between 60 and 65 miles per hour at the moment that he passed her. Dickinson and Mink also gave confusing and conflicting testimony concerning another motorcycle operated by Doug Hilliary, but it is not clear whether D passed Hilliary or what Hilliary's exact position was at the time of the accident. After D completed the pass and pulled back into the right lane, Mink observed his brake light flash, and then his motorcycle go into the gravel along a curve in the road and skid into the three to four-foot deep ditch along the side of the road. D's motorcycle traveled approximately 180 to 200 feet, struck a utility pole, and flipped over causing Tunkieicz to strike a tree approximately 80 feet from the utility pole. Janet Tunkieicz was killed instantly. D was thrown clear, remained conscious, and was not seriously injured. A blood sample from D registered at 0.13 percent. D was tested on a breathalyzer, and his blood-alcohol level was listed as 0.11 percent. Dickinson described the accident by saying that it looked like D's motorcycle had gone 'towards the gravel' and a cloud of dust was raised. Dickinson testified he saw 'a cloud of dust and it looked like D recovered for a second and then the bike went down in the ditch.' D presented no other evidence and did not testify on his own behalf. D was convicted and this appeal eventually resulted.