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RIVERHEAD, N.Y. -- A Long Island man who prosecutors say had a blood-alcohol reading four times the legal limit and approached speeds of 100 mph before crashing into a car driven by a recent high school graduate was charged Wednesday with her murder.
RIVERHEAD, N.Y. -- A Long Island man who prosecutors say had a blood-alcohol reading four times the legal limit and approached speeds of 100 mph before crashing into a car driven by a recent high school graduate was charged Wednesday with her murder.
......story at link
What if someone just get's pulled over with a blood alcohol level over the limit?
RIVERHEAD, N.Y. -- A Long Island man who prosecutors say had a blood-alcohol reading four times the legal limit and approached speeds of 100 mph before crashing into a car driven by a recent high school graduate was charged Wednesday with her murder.
This is a clear cut case. Four times over the limit? Lock him up!
But what if his BAL was .08 and was involved in an accident
that was not his fault resulting in a death? I'm not advocating
for drunk driving, but it's something to think about.
Here is the problem, murder, at least murder in the 1st degree requires an intent to cause death of another person.
Intent!
If the reason for prohibiting driving under the influence is because of the diminished capacity of the driver. Then it is both illogical and contradictory to accuse someone in a diminished state from comprehending the nature of their actions, i.e. having intent. So without being able to establish intent how can you possibly charge someone with premeditation?
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