State v. Hinkle

489 S.E.2d 257 (1996)

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Nature of the Case

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Facts

D finished work and got a ride to a tavern and then tried to locate someone to give him a ride to his car. He drank one-third of a beer and complained of not feeling well, dizziness, and double vision. The tavern owner's daughter then agreed to take D to retrieve his car. As he was leaving the bar, D took an unopened can of beer with him. D got his car and was traveling when his car gradually crossed the centerline and traveled in a straight line for approximately two hundred yards in the southbound lane before it collided head-on another car. One person was severely injured, and the other died. Witnesses verified that D crossed the centerline in a consistent, even fashion without attempting to swerve, brake, change directions, or stop. A bystander stated the defendant was semi-conscious immediately after the accident, and his breath smelled of alcohol. There was one open can of beer, which was one-half full, in the driver's door compartment; several empty beer cans on the passenger's floor; four full beer cans on the rear floor; three empty beer cans on the driver's floor; and an empty glass, which smelled of beer, on the ground near the car. D had a blood alcohol level of less than one-hundredth of one percent. The crime lab found D's blood alcohol level to be less than one-thousandth of one percent, well below the statutory definition of intoxication. MRI results indicated D had an undiagnosed brain disorder in the portion of his brain that regulates consciousness. D was charged with the misdemeanor offense of involuntary manslaughter while driving a motor vehicle in an unlawful manner. D's son testified that D had been having memory loss for several months prior to the accident and that he believed D had seen a doctor. The tavern owner stated D had complained of feeling ill during the months preceding the collision, and he had complained of dizziness, memory loss, and double vision on the night of the accident. A doctor testified that D had developed a brain abnormality approximately four to eight months prior to the accident, and the disease was not caused by chronic alcohol abuse. D's prior memory loss was a symptom of his brain disorder, but his other complaints of not feeling well, dizziness, and blurred or double vision were not related to this disease. D's brain disorder would not have been diagnosed if he had not had an MRI scan after the accident. The brain disorder would also cause D to lose consciousness. The trial judge refused an insanity instruction and instructed One who suffers from an as yet undiagnosed disease or defect cannot be convicted of involuntary manslaughter for a death resulting from his operation of an automobile unless the State proves beyond a reasonable doubt that: '1. The driver knew or should reasonably have known of the existence of his physical or mental condition, disease or defect; and, '2. The driver should reasonably have foreseen that his condition, disease or defect would impair his ability to drive an automobile to such a degree so as to endanger human life; and, '3. The driver's condition, disease or defect did contribute to the accident resulting in death; and,'4. His decision to drive an automobile at the date and time and in the place set forth in the indictment was negligence so gross, wanton and culpable as to show a reckless disregard of human life; and, '5. Indicated a conscious indifference to the probable dangerous consequences of driving so impaired. D was found guilty of involuntary manslaughter. The court denied D's motions for a judgment of acquittal and a new trial and sentenced him to one year in the Pleasants County Jail. D appealed.