Death Caused by Drag Racing--Criminal Liability of the Participants Note 13 Syracuse Law Review 1961-1962

13 Syracuse L. Rev. 279 (1961-1962)
Death Caused by Drag Racing--Criminal Liability of the Participants

handle is hein.journals/syrlr13 and id is 291 raw text is: NOTES

tain the governing law. When such situations occur, a choice of law clause
should be used to aid the court in determining the applicable law.80 Such
a clause is valid under the Draft and the New York Court of Appeals has
been liberal in giving effect to the parties' choice.81
By a wider use of choice of law clauses, attorneys will generally know
in advance what law will govern the entire contract. As a result, there may
be less litigation82 concerning what is presently . . the most complex
and also the most confusing part of Conflict of Laws.'83
Kenneth E. Page
DEATH CAUSED BY DRAG RACING-CRIMINAL LIABILITY
OF THE PARTICIPANTS
INTRODUCTION
A drag race involves two or more drivers engaging in a contest of
speed with the use of their automobiles.' When this activity is practiced
on the highways there is an inherent danger of increasing the death-deal-
ing potential of the automobile.2 Where a third party is killed as a result
of a drag race, the driver of the car involved in the accident may be
charged3 under Section 1053-a of the New York Penal Law, which is en-
titled, Criminal negligence in operation of vehicle resulting in death.
This statute provides:
A person who operates or drives any vehicle of any kind in a reckless or culpably
negligent manner, whereby a human being is killed, is guilty of criminal neg-
ligence in the operation of a vehicle resulting in death.4
The problem arises whether the other driver who participated in the race
may also be charged under section 1053-a. If such a charge is not proper,
may the second driver be convicted as a principal to the crime under
Section 2 of the New York Penal Law?5
80. A sample clause might read as follows:
All questions arising with respect to this contract (including but not limited to its
validity, interpretation and construction, and all rights and obligations created thereby)
shall be governed by the local law of the State of X.
81. Haag v. Barnes, 9 N.Y.2d 554, 175 N.E.2d 441, 216 N.Y.S.2d 65 (1961).
82. Where litigation does occur, the parties will have a good idea as to what law
to plead.
83. See, e.g., Restatement (Second), Conflict of Laws I (Contracts, Tent. Draft
No. 6, 1960); see Cheatham, Goodrich, Griswold & Reese, Cases on Conflict of Laws
533 (4th ed. 1957).
1. See People v. Lemieux, 176 Misc. 305, 27 N.Y.S.2d 235 (Queens County Ct. 1941).
2. In excess of 2200 people were killed in New York State in traffic accidents in
1959. World Almanac, 1961, p. 452.
3. See People v. Lemieux, supra note 1.
4. N.Y. Penal Law, § 1053-a.
5. The pertinent provisions of this statute are quoted in § 3 of this article, infra.

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