State v. Munnell

Marion Munnell (defendant), with a blood alcohol content of .11, swerved across a highway centerline and struck and killed Kenneth Crane, who was lying unconscious on the road with a BAC of at least .24. Charged with criminal vehicular operation, Munnell moved to dismiss on vagueness and equal-protection grounds, arguing the statute failed to distinguish drivers who are less negligent than the victims they kill; the trial court denied her motions but certified several questions, including the victim-fault issue, to the appellate court.