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67 Or. L. Rev. 799 (1988)
Death on the Highway: Reckless Driving as Murder

handle is hein.journals/orglr67 and id is 809 raw text is: DAVID LURIA*

Death on the Highway:
Reckless Driving as Murder
E LEVEN-year-old Melanie Nicholson was on her way to
church when she was killed by a speeding Cadillac.' Melanie
and her father were waiting at a red light when the Cadillac, travel-
ing at over ninety miles per hour, struck their Honda from behind.2
The gas tank ruptured and their car burst into flames. The police
managed to pull Melanie's father from the wreck, but they were
unable to reach the little girl.3
Five children were walking along the shoulder of a country road
on a summer's night in Caddo County, Oklahoma.4 Three of them
were killed when struck from behind by a driver who swerved
across the center line from the opposite lane and then sped off.'
Louise Buchanan of Dothan, Alabama, was killed in front of her
house by a drunk driver who traveled across the road and into her
yard.6 The driver had four prior arrests for drunk driving.7
A Nevada delivery man died in a Las Vegas alley when a falling
utility pole struck him.8 The pole was knocked down by a driver
with a blood alcohol level of .20 percent.9
* Attorney Advisor, Superior Court of the District of Columbia. The views reflected
in this Article are my own and not those of the D.C. Superior Court. I wrote the
Article during the 1987-88 academic year while a Visiting Professor at the University of
Louisville School of Law. I would like to acknowledge the assistance and encourage-
ment given by Nancy Setzer Luria, and the invaluable suggestions offered by Professor
Barbara Banoff.
I Washington Post, Nov. 4, 1982, at Al, col. 2.
2 Powell v. United States, 485 A.2d 596, 598 (App. D.C. 1984).
4 Smith v. State, 674 P.2d 569, 571 (Okla. Crim. App. 1984).
6 Slaughter v. State, 424 So. 2d 1365, 1366 (Ala. Crim. App. 1982).
7Id. at 1367.
8 Johnston v. State, 101 Nev. 94, 95, 692 P.2d 1307, 1307 (1985) (conviction
9 Id.; NEV. REV. STAT. § 484.381(2)(c) (1981) presumes anyone with a blood alcohol
rate of .10% or more to be intoxicated.

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