State v. Munnell
Minnesota Court of Appeals
344 N.W.2d 883 (1984)
Early one morning, Marion Munnell (defendant) was driving her vehicle along a highway when she swerved across the double-yellow center line and struck and killed Kenneth Crane who was lying unconscious on the road. At the time of the incident Munnell had a blood alcohol content (BAC) of .11 percent and Crane had a BAC of at least .24 percent. Munnell was charged with criminal vehicular operation in violation of Minn.Stat. § 609.21, subd. 1. At an omnibus hearing she moved to dismiss the charge, arguing that the statute was vague and overbroad and failed to distinguish between drivers under the influence who are more and less negligent than the victims whose deaths they cause violates the equal protection clause. The trial court denied Munnell’s motions, but pursuant to Minnesota law, the court certified four questions raised by the motions for consideration by the appellate court.
Rule of Law
Holding and Reasoning (Foley, J.)
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