The El Paso Court of Appeals has issued an opinion that does a great job of explaining why you can indict for intoxication manslaughter AND an alternative count of manslaughter (by driving while under the influence of alcohol). This decision does a great job of reducing the concern facing jurors who might not think the defendant was intoxicated but are willing to think it is reckless to drink and drive.

For the opinion, click here.

Note also that the prosecutor also charged that it was reckless to drive while talking on a cell phone. Anyone have any problems with that?

Charge away.