The accused applied for certiorari to quash a preliminary inquiry judge’s decision committing him to stand trial on charges of dangerous driving causing death and dangerous driving causing bodily harm arising from a highway collision involving a tractor trailer.
The applicant argued the preliminary inquiry judge erred by focusing on the consequences of the driving rather than the manner of driving, and by failing to conduct a limited weighing of circumstantial evidence.
The reviewing court held the preliminary inquiry judge properly considered the evidence, including expert accident reconstruction and traffic conditions in a construction zone where lanes were merging.
The court concluded there was evidence upon which a properly instructed jury could convict.
The application for certiorari was dismissed.