Quote:
Originally Posted by CaptainCrunch
Drinking and driving causing death really falls into the two highlighted area for me.
How is drunk driving not a prime definition of reckless disregard. And when he drunkenly put his keys into the ignition and pulled out of the parking lot that's intention to commit a felony.
I just have a hard time seeing this kind of thing as some horrible mistake.
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I think you get into murky water when you start arguing intent simply due to the capacity issue. I agree with you in principle that it's a decision you make hours before, but I'm not sure how it holds up legally. Either way, you don't need to go there if the extraordinary level of recklessness is recognized as such, which really shouldn't be something that's even debatable, although it often is.