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Giving Mental Culpability The Bird: How State V. Bird Secures The Presumption That Traffic Offenses Are Strict Liability, Jonathan R. Hornok, Mariah L. Hornok
Giving Mental Culpability The Bird: How State V. Bird Secures The Presumption That Traffic Offenses Are Strict Liability, Jonathan R. Hornok, Mariah L. Hornok
Jonathan R. Hornok
The Utah Supreme Court, in its recent opinion in State v. Bird (Bird II), 2015 UT 7, 345 P.3d 1141, has put to rest a decade’s long error in Utah Traffic Code case law. Overturning prior Utah Court of Appeals precedent in State v. Vialpando, 2004 UT App 95, 89 P.3d 209, and State v. Bird (Bird I), 2012 UT App 239, 286 P.3d 11, the high court declared that traffic offenses are presumed to be strict liability.