Johnny is driving his pick-up truck home at midnight after an evening at a local club. The streets are slick due to freezing rain. As Johnny approaches the intersection of Main and First Street, he observes he has a green light

Question

However, at that moment, Jason, who is riding a motorcycle on the cross-street, is unable to stop at his red signal. Due to the slippery conditions, the motorcycle slides into the intersection. Johnny immediately applies the truck's brakes but is unable to stop in time and strikes the motorcycle. Jason is subsequently transported to the hospital but dies two days later due to the injuries he sustained in the collision. Investigation reveals that Johnny had a 0.09 BAC and Jason a 0.05 BAC at the time of the incident. Which of the following is an accurate statement about this situation?
A) Johnny has committed intoxication manslaughter because Jason would not have been killed if Johnny had been sober.
B) Johnny has committed intoxication assault because Jason survived the initial collision and his death might have been the result of some other cause.
C) Johnny has committed intoxication manslaughter because his BAC was over the legal limit when his truck hit Jason.
D) Johnny has not committed intoxication manslaughter because no causal relationship existed between his state of intoxication and Jason's death.

Answer 1

D