People v. Lardie

I join in the majority’s holding that the ouil causing death statute1 is consti*268tutional and in its affirmance of the decision of the Court of Appeals. I agree with the majority’s finding that the statute does not codify the common law or impose strict liability. I further concur with the majority that the first two elements of the statute are: “(1) the defendant was operating his motor vehicle while he was intoxicated, (2) that he voluntarily decided to drive knowing that he had consumed alcohol and might be intoxicated . . . ,”2

However, I write separately because I disagree with the…