Question
A man offered his girlfriend a ride to attend a party. The man had a few beers during the preceding hour. It was beginning to
A man offered his girlfriend a ride to attend a party. The man had a few beers during the preceding hour. It was beginning to snow and the roads appeared slick but he insisted on driving. When approaching the bottom of a steep hill on a narrow road, he lost control and drove his car into a ditch where he hit a concrete barrier. He was traveling 10 miles above the speed limit. His girlfriend died and he was charged with involuntary manslaughter while driving under the influence ("DUI"). The police took his blood sample at the hospital and his blood alcohol level was .07, right below the jurisdiction's threshold level of .08 used for determining DUI. He had passed a field sobriety test at the scene. He was also cited for speeding and driving too fast for conditions.
In a jurisdiction that follows common law principles, which of the following will the prosecution most likely be able to prove beyond a reasonable doubt?
A. | Homicide by vehicle while driving under the influence. | |
B. | Voluntary manslaughter. | |
C. | Involuntary manslaughter. | |
D. | Involuntary manslaughter while driving under the influence. |
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