There is no dispute that a person who is intoxicated should not be driving. DWI laws protect innocent people because, for the most part, drunk drivers are impaired in their ability to control their car.
However, every day people who have not had anything to drink are killed in car collisions. Some of these deaths result from unsafe driving behaviors, others result from unavoidable traffic conditions with unforeseen consequences.
If a person who drinks wine at dinner is involved in a deadly collision with a person who ran a red light, did the alcohol cause the collision? Just as a person is not automatically guilty because they are charged with a crime, a collision resulting in death should not automatically be considered intoxication manslaughter without a thorough investigation and reconstruction of the accident. |
