Dalton v. State

Derek Dalton appeals his conviction for leaving the scene of an accident, OCGA § 40-6-270, contending in his sole enumeration of error that the State failed to prove all the elements of the offense. We disagree and affirm. Construed in favor of the verdict, the evidence shows that Dalton was driving a tractor-trailer in heavy traffic when he struck the rear of the victim’s car. He told the police officer he thought he had “just tapped” and “didn’t do no damage,” so he “just moved on with all the traffic problems. He couldn’t get over.” He also stated that he left the scene because “he thought the lady had motioned for him to leave.”

Dalton contends that the State failed to prove any injury to person or vehicle damage within the meaning of the Code section. This, however, is foreclosed by our decisions in McKay v. State , 264 Ga. App. 726, 727-728 1 592 SE2d 135 2003, and Dworkin v. State , 210 Ga. App. 461, 462 436 SE2d 665 1993. The State is not required to prove actual damage, because this is not the appropriate statutory test.