The .315 Driver

On a federal parkway, the Defendant drove at speeds between 70 and 100 miles per hour in zones posted for 45, repeatedly swerving into oncoming lanes to get around slower traffic. Chased by park police, he lost control on a curve and crossed the center line at 70-80 mph, smashing head-on into another driver's car; she died of her injuries. The Defendant's blood-alcohol level measured .315 percent — nearly four times the legal limit. The Government charged not manslaughter but second-degree murder, arguing that his conduct showed malice — a depraved, wanton disregard for human life. The Defense argued that he never intended to hurt anyone and that, at most, this was reckless drunk driving amounting to manslaughter, not murder.