State v. MacMaster

(concurring)—In the view of the majority, the crime of vehicular homicide is defined such that "impairment due to alcohol must be a proximate cause of the fatal accident." Majority, at 231. This may be a correct interpretation of the crime described by RCW 46.61.520 prior to its amendment in 1983. State v. Engstrom, 79 Wn.2d 469, 475, 487 P.2d 205 (1971). In my view, however, it is not a correct construction of the current statutory provision.

*236The effects of the 1983 amendments on RCW 46.61.520 were as follows (underlining represents new language):(1) When the death of any person ((shall))…