ALBANY - A man who was driving 15 mph over the speed limit with nearly twice the legal limit of alcohol in his blood when he ran down and killed two young adults is due a new trial on an aggravated vehicular homicide charge because the trial judge neglected to explain to the jury that intoxication alone does not constitute reckless driving.
Yesterday’s holding by the Appellate Division, Third Department, interprets the 2007 law that created the offense of aggravated vehicular homicide to enhance penalties for offenders who cause death while operating a vehicle while intoxicated. A conviction requires proof of vehicular manslaughter plus reckless driving plus any of seven exacerbating factors.
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