Defense counsel objected to the giving of this instruction because it contained no requirement that, in order to find the defendant guilty, the jury should conclude defendant had knowledge he had been involved in an accident involving injury or death. The State contends the Illinois Vehicle Code (Ill. Rev. Stat. 1975, ch. 95 1/2, par. 11-401(a)) describes an absolute liability offense relying principally on People v. Walker, 18 Ill. App.3d 351, 309 N.E.2d 716. We do not agree.
Rev. Stat. 1975, ch. 38, par. 4-9) states that absolute liability may be imposed where "the statute defining the offense clearly indicates a legislative purpose" to do so. We are also referred to People v. Walker (1974), 18 Ill. App.3d 351, in which it was held that section 11-401 created an absolute-liability offense and that knowledge of the accused was not required to prove a violation of the statute. We cannot accept the People's position. Though it has been held that an amendatory change in the language of a statute creates a presumption that it was intended to change the law as it theretofore existed (see, e.g., People ex rel. Gibson v. Cannon (1976), 65 Ill.2d 366; State v. Dobry (1934), 217 Iowa 858, 250 N.W. 702), the presumption is not controlling ( Chicago Illinois Midland Ry. Co. v. Department of Revenue (1976), 63 Ill.2d 474; Roth v. Northern Assurance Co. (1964), 32 Ill.2d 40), and may be overcome by other considerations ( Bruni v. Department of Registration and Education (1974), 59 Ill.2d 6, cert. denied (1975), 421 U.S. 914, 43 L.Ed.2d 780, 95 S.Ct. 1573).
Lucus, 41 Ill.2d at 374. Likewise, in People v. Walker, 18 Ill. App.3d 351 (1974), the court, following the holding in Lucus, held that an Illinois statute making it a crime to leave the scene of an accident and not report it did not violate the defendant's constitutional right against self-incrimination. It further stated that such a statute was a proper exercise of the legislature's police power. Walker, 18 Ill. App.3d at 356.
The only intention necessary for liability for violating the automobile law is the doing of the act prohibited. People v. Van Cura (1977), 49 Ill. App.3d 157, 364 N.E.2d 564; People v. Walker (1974), 18 Ill. App.3d 351, 309 N.E.2d 716; People v. Strode (1973), 13 Ill. App.3d 697, 300 N.E.2d 323; People v. Espenscheid (1969), 109 Ill. App.2d 107, 249 N.E.2d 866. • 2, 3 The defendant seeks to distinguish the above cases on the basis that all except Walker involve the offense of driving with a revoked or improper license.
See also Annot., 23 A.L.R.3d 497 (1969). Contra, People v. Walker, 18 Ill. App.3d 351, 309 N.E.2d 716, 720 (1974). Finally, we note that in Campbell, we recognized the well-established rule of statutory construction that courts should if possible construe statutes so as to avoid the danger of unconstitutionality.
Under the United States Supreme Court's ruling in Miranda v. Arizona (1966), 384 U.S. 436, 16 L.Ed.2d 694, 86 S.Ct. 1602, a defendant has a constitutional right to be informed that he has the right to remain silent and that he has the right to have an attorney present at any police questioning. The warnings given to a defendant need not follow a ritualistic formula ( People v. Townsend (1972), 6 Ill. App.3d 873, 286 N.E.2d 801), but must convey the concept that the defendant can have an attorney present if he so desires ( People v. Walker (1974), 18 Ill. App.3d 351, 309 N.E.2d 716). Where a defendant claims through a motion to suppress that his Miranda rights have been violated, a trial court's decision denying that motion will be overturned only where the decision is contrary to the manifest weight of the evidence. People v. Allen (1983), 116 Ill. App.3d 996, 452 N.E.2d 636.
Section 11-401(a) has been upheld as a legitimate exercise of the legislature's police power. ( People v. Walker (1974), 18 Ill. App.3d 351, 356, 309 N.E.2d 716.) Because of the problems and dangers inherent in the operation of automobiles, the legislature may impose reasonable conditions on their use. ( People v. Lucus (1968), 41 Ill.2d 370, 373, 243 N.E.2d 228.) As a consequence, any additional burden necessitated by performance of the statutory duties whenever an accident takes place, regardless of whether any injury is immediately apparent, is justified by the legitimate public policy promoted by the statute.
Rev. Stat. 1975, ch. 95 1/2, par. 11-401(a)). The contrary result was reached in People v. Walker (1974), 18 Ill. App.3d 351, 309 N.E.2d 716. The test for determining when a mental state is an element of a crime is set out in section 4-9 of the Criminal Code of 1961 (Ill.
Further, absolute liability has even been imposed for Vehicle Code violations involving felony penalties. See, e.g., People v. White Brothers Equipment Co. (1978), 63 Ill. App.3d 445, 380 N.E.2d 396; People v. Walker (1974), 18 Ill. App.3d 351, 309 N.E.2d 716; contra, People v. Nunn (1978), 65 Ill. App.3d 981, 382 N.E.2d 1305. Beyond this general assumption regarding Vehicle Code offenses, we find the legislative history of section 4-105 to be of even greater importance.
In People v. Ward (1976), 37 Ill. App.3d 960, 347 N.E.2d 381, informing defendant of his right to obtain the services of a lawyer was deemed sufficient to warn him of his specific right to counsel during questioning. And in People v. Walker (1974), 18 Ill. App.3d 351, 309 N.E.2d 716, it was held that advising defendant that he had a right to an attorney and further advising him that he should obtain one was found to clearly convey to him his right to the presence of an attorney during questioning. Finally, in People v. Hoffman (1975), 32 Ill. App.3d 785, 336 N.E.2d 209, adequate advice of the right to counsel was found where defendant was told he had a right to have an attorney present before any questions were asked and was also told that he could exercise any and all of his Miranda rights at any time he wished. In the instant case, defendant was told that he had a right to the assistance of counsel before being questioned and that if he could not afford one, counsel would be appointed before questioning.