within seconds of the car crash in this case defended and she contacted the officer past three and within a minute they were both in the parking lot with the blue ho so basically wrong the time of the crash till the time he gave his statement at least they should he was with the police and we have argued that the state did not prove him guilty of the aggravating seen for three reasons the first one is that he was not capable of making the report within the first three minutes the second reason is that the state did not provide any evidence whatsoever that he did not comply with the statute after he was discharged from the hospital within me within thirty minutes of that time and  because the purpose of the statute was fulfilled within the first ten minutes of the from from the time the accident occurred wow me is the when at what point does your reading of the record determined that the defendant actually knew that he had been involved in an accident he had been a top ten accident he knew he had been involved in an accident but with another person or another car and it's clear he didn't really st whatever but i don't think he's saying that there are so what are you saying the reason is that he leads the police to the blue car because they were bothering him is that the reason i'm saying he leads is missing it's their ok well is it your contention that compliance with the stanch eleven for one b can only be had by physically going to the police station and giving the information can the station that a person could not impart that information that they were involved in an accident give them the details and any other time they were with the police for example the five hours that the defendant was with the police i w was killed by him in the car in which he had done at that point he should have immediately explained everything to the police wanted to like in any reasonable citizen would do action you don't this is not what we're looking at what a reasonable person would do we have to look into the statute what's required of citizens so you're saying he had to go to the police station at that point but yes he was detained by the police is identified as didn't crash if he is identified as the driver in the crash then within ten or fifteen minutes of the time this crash everything they have all the information that is required stage is completely fulfilled so if the police can get it any other way and they have it then the driver's off the hook is that right cracker doesn't have to report is that what you're saying yes i mean wh when he gets in a restroom bring it to the police station does he have to repeat that then to make sure that he stares nice requirements of the statute i think this you know once looked like for the principle in this case i officer if one of the officers when they pulled out the registry the vehicle registration isn't that reporting isn't it shouldn't it be considered reporting because he's got no registration circumstantially the police are able to piece everything together and get his drivers look at the owner of this information for his car clifton park and so forth so let's just say everything is done by the police nothing is done by the defendant does it sa state than you can report by showing showing the other driver your driver's license showing a woman in just a span says example that defendant the driver did nothing sits on the card but the police are able to get all the rest of the discussion in legislative history that's been amending section of four one by increasingly decreasing the amount of time a driver has to report the accident and decreasing its evening and increasing the penalty provision because legislature and time and time again stated that it is never ok to leave the scene of an accident as a privilege of driving you have to it's your duty to give  serious offense and just because it's a class one and it doesn't seem to be a class one doesn't mean that this court should vacate the decision because it seems harsh to be a class one offense the legislature determined that this is a serious penalty the scene of the accident to now render aid well that section and we're now focusing on section eight which we have a problem with in terms of how does a person how can a person comply is it sufficient that the information number one be given by the defend the driver to the police even if they're not a police station does that meet the requirements of the responsibility because the police are investigating it as well there is no exception read into the statute there is no exception that a defendant mohseni a driver has no duty because the police are also investigating  police are investigating that doesn't remove that does it absolve the defendant's journey to continue to do its responsibility and his duty done under the act so at what point could the defendant here have him on the information and led them on a wild goose chase away from the accident away from even the officer to give them to render aid where the defendant is more concerned about how he was wronged then by how his termly determination in terms of not believing that the defendant had no idea he didn't have knowledge of the accident and he chose instead of being concerned with his involvement in the accident or the state of the victim he was more concerned about those blue car and how the blue car had wronged him earlier in this road rage incident and as such that would be you know he did not comply with four women for one b well now asked defense counsel this question but when does your reading of the record determine that the defendant knew he'd been involved in an accident and why point the record w that he knew the moment that the impact occurred and because he was not concerned with the victim which is exactly what for one being wants you to be concerned with the victim to give a to give the information to prevent  involvement in the accident he was not concerned with and that he was concerned with how the other car had wronged him and in terms of even if there is nothing in the case or in the stand you nor in the legislative history that says that there is no longer a duty because the police are investigating the accident as well and involvement there is no doubt that there is there is nothing in the standard that reads that as such what is the who the driver was around and that with that goes in line with four three which is the duty to give aid and information so if the police are able to find out that information why is there then still an obligation on the driver to disclose that information directly to the police to get them to be able to give to them that there might be other information the driver has at the police don't have i mean there are there's a number of hypotheticals there were the officers might have stopped information but the dryer and getting his are you know his information might have bought you know might have additional information for the officers but the bottom line is that there is a privilege to drive on these roads right that the statute requires the place the date the time driver's name address registration number names of all other occupants i mean that's the requirements don't have the details the extent of the details that are required in the statute if the police have those then give aid into not give your information and that's exactly what the defendant did here he didn't comply with anything he was more concerned about getting this blue card thing was about any aid and you know again the the if i can get that for you and if you like they want to comply as soon as possible the senate have the opportunity to comply as soon as possible and when the state question sergeant patrick they went through and i o'clock between nine and ten when he took him to the station did he ever give you the date of the accident no did he ever you the name or the address of him no did he give you the registration number of the vehicle to him by himself no so in all of those instances as soon as possible he did not he did not comply with that further and terms of its alternatively within that there in minutes the evidence shows that again that page two ninety one of the report of proceedings st evidence to find that he did not comply with and knew the reporting requirement and therefore when this is you know a little bit more difficult to prove for the state granted because we're talking about a new mission of doing something but if somebody makes a report at a police station they have to go in some this case there was no