People v. Von Staden

Opinion

KING, J.

In this case we hold that the "gross negligence" element required for a conviction of gross vehicular manslaughter while intoxicated cannot be shown by the mere fact of driving under the influence or violating the traffic laws. The trier of fact must determine, considering the overall circumstances of the defendant’s intoxication or the manner in which he drove, or both, whether there was gross negligence because the driver failed to exercise any care or was wholly indifferent to the consequences of his conduct and to the welfare of others.

Kurt Dietrich Von Staden appeals from…