Abney v. State

ON PETITION FOR TRANSFER

BOEHM, Justice.

After his car struck a bicyclist, Lanny Abney was convicted of several crimes, *1176including operating a vehicle with .10% or more blood aleohol content causing death. The trial court instructed the jury that if the State proved that Abney's "driving conduct was a contributing cause" of the accident the requisite causation would be established. Although an earlier Court of Appeals decision had approved that standard of causation, we agree with the Court of Appeals in this case that the statute requires that the defendant's driving be proven to be a proximate…