CB State v. Caibaiosai - State v Caibaiosai 363 N.W.2d...

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State v. Caibaiosai 363 N.W.2d 574 (1985) Fact: Procedural Facts: Operative Facts: Guy was driving on a motorcycle with a girl on the back, he passed another motorcycle by going into the oncoming traffic lane, then came back to the right lane, went into the gravel, went out of control, hit a utility pole, flipped over the motorcycle, they both flew out, the girl died on impact, and the guy remained conscious with little injury. He had a blood alcohol level of .13 Issue: Did he fall under the drinking and driving program? And is the Drinking and driving crime reasonable? Broad Question: Narrow Question: Rule: To commit a the crime under section 940.09, a person must 1) Cause the death of another 2) By the operation of a vehicle 3) While under the influence of an intoxicant Rational: There is nothing in the statute that mentions that the driving must be reckless, because driving under the influence is inherently “evil.” There is no requirement that the defendant’s intoxication cause the victim’s death. No requirement to show any erratic or negligent driving to
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