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Homicide and DUII: Merge?

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by: Ryan • January 2, 2011 • no comments

Returning very briefly to a topic I've touched on twice now recently, the first one whether PCS merged into DCS, if the DCS alleged substantial quantities of the drug in question, and the second, whether UUW merged into Felon in Possession if the gun minimum was alleged. Following the exact same logic, you might think DUII would into either Manslaughter or Criminally Negligent Homicide, if the following enhancement is alleged (taken directly from the OARs):

213-018-0047

Manslaughter II (ORS 163.125)

(1) CRIME CATEGORY 9: Manslaughter II shall be ranked at Crime Category 9 if the manslaughter resulted from the operation of a motor vehicle and the driver of the motor vehicle was driving while under the influence of intoxicants.

Same rule holds true for Criminally Negligent Homicide.

I realize that DUII is the least of your client's problems if you're making this argument, but still, it would be a fun argument to make.