Comment by DangitBobby
10 months ago
No. The intent of drunk driving is to get around. There is no malicious intent, just extreme negligence.
10 months ago
No. The intent of drunk driving is to get around. There is no malicious intent, just extreme negligence.
Negligence, and recklessness, which is where I would place drunk driving, are both mens rea.
https://en.m.wikipedia.org/wiki/Criminal_negligence
We are discussing intent.
Mens rea is criminal intent, actus reus is criminal action. Without mens rea there is no crime (there being the exception of strict liability crimes, which do not apply here and would not involve intent at all anyway).
From [1]:
> It is generally agreed that the essential ingredients of any crime are (1) a voluntary act or omission (actus reus), accompanied by (2) a certain state of mind (mens rea).
[1] https://www.britannica.com/topic/criminal-law/The-elements-o...
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