People v. Swift

Defendant was convicted of aggravated DUI. Although indictment was defective in that it failed to include proximate cause element, Defendant was aware of proximate cause element and suffered no prejudice in preparation of his defense. A rational jury could find that a motorist pulled over onto narrow shoulder should have been foreseeable to Defendant. Although defense did present evidence probative of unreasonableness of motorist's actions, jury was under no obligation to accept its evidence. (HOLDRIDGE and WRIGHT, concurring.)