Loscomb v. State

—PREFACE—

This case was argued before the Court on December 10, 1979. We issued an opinion on January 10, 1980. Appellant filed a motion for reconsideration. We granted that motion and recalled the opinion as filed on January 10, 1980. As a result of our reconsideration, we modify our original opinion.

—THE LAW—

Whenever an operator of a motor vehicle is believed, while "intoxicated,” 1 to have caused the death of another person as a result of the manner in which he or she drove his or her motor vehicle, the operator is subject to being charged with either or both of two distinct violations of…