Is a Drunk Driver Guilty of Murder? « Catchick Law Catchick Law

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Is a Drunk Driver Guilty of Murder?

Posted October 11th, 2013 - Under DUI

The New York Court of Appeals will soon decide a case where a driver, who killed someone while driving drunk, is charged with Second Degree Murder. To be guilty of Second Degree Murder in Michigan, a prosecutor must prove that a defendant “knowingly created a very high risk of death or great bodily harm, knowing that death or such harm would be the likely result of his/her actions.” In Michigan, the maximum penalty for Second Degree Murder is life in prison. However, there is a Michigan Statute, called “Operating a Vehicle While Intoxicated or Impaired Causing Death,” which seems to address that particular crime, but carries a maximum penalty of only 15 years. Prosecutors argue that a drunk driver who kills someone falls under the definition of Second Degree Murder. The Defense says there is already a specific crime to deal with the situation. What do you think? Warmest Regards, Matt Catchick

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