Before a person can be convicted of DUI manslaughter, the prosecution must prove the following three things beyond a reasonable doubt:
“Actual physical control of a vehicle” means the accused individual must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether he is actually operating the vehicle at the time.
“Normal faculties” include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives.
See also manslaughter and voluntary manslaughter.
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