PEOPLE v. LARDIE

Docket Nos. 101640, 102742, Calendar Nos. 8-9.

551 N.W.2d 656 (1996)

452 Mich. 231

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Jash Eli LARDIE, Defendant-Appellant. PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Gerald Daniel HUDICK, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 9, 1996.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Dennis LaBelle, Prosecuting Attorney, Traverse City, for the people in Lardie.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief, Research, Training and Appeals, and Janice Joyce Bartee, Assistant Prosecuting Attorney, Detroit, for the people in Hudick.

Running, Wise, Wilson, Ford & Phillips, P.L.C. by J. Bruce Donaldson and Douglas J. Donaldson, Traverse City, for Lardie.

Barry A. Resnick and Darryl Fink, Farmington Hills, for Hudick.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Charles D. Hackney and Michael E. Moody, Assistant Attorneys General, Lansing, amicus curiae, for Prosecuting Attorneys Appellate Service.

Gregory E. Smith, Midland, amicus curiae, for Mothers Against Drunk Driving of Michigan.

Roger L. Conner, Robert Teir, and Timothy Burke, Washington, DC, amicus curiae, for American Alliance for Rights & Responsibilities.


RILEY, Justice.

In these cases, consolidated on appeal, we are asked to consider the constitutionality of a Michigan statute, M.C.L. § 257.625(4); M.S.A. § 9.2325(4), that creates a felony with a maximum punishment of fifteen years in prison for a person who drives while intoxicated1 and, by the operation of the vehicle, causes the death of another. Under this statute, the people must prove that the driver had the general intent...

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