New York Law (NYLE) Practice Exam

A person who caused the death of another person while driving while intoxicated would most likely be charged with what?

1. Criminally negligent homicide

2. Voluntary manslaughter

3. Involuntary manslaughter

4. Second-degree murder

The correct answer is: Criminally negligent homicide

The situation described in the question pertains to an individual causing the death of another due to intoxication while driving. In this context, the most fitting charge would likely be involuntary manslaughter, rather than criminally negligent homicide. Involuntary manslaughter is typically applied when a person unintentionally causes death while committing an illegal act or engaging in reckless behavior, which aligns with the actions of someone driving while intoxicated. Criminally negligent homicide usually involves a failure to be aware of a substantial and unjustifiable risk that results in death, which may not accurately capture the more reckless and volitional nature typically associated with intoxicated driving. Voluntary manslaughter entails intentional harm stemming from a sudden and intense reaction, which is not applicable here. Second-degree murder suggests an intent to kill or a disregard for human life that goes beyond the nature of intoxicated driving. Thus, involuntary manslaughter is the correct choice as it encapsulates the concept of an unintended death resulting from a dangerous act, such as driving under the influence.