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People v. Kulpinski10/17/2000
ence of alcohol or a controlled substance. In People v Lardie, 207 Mich App 615, 619-620; 525 NW2d 504 (1994), a panel of this Court stated:
"The legislative analysis of the house bill enacted as the OUIL causing death statute further demonstrates the Legislature's objective in enacting the statute. A reading of the analysis evidences a legislative belief that `swift and sure' sanctions are necessary to combat the social acceptance associated with drinking and driving, and to dispel the belief that the drinking driver will not be caught and punished."
Although the legislative analysis focused primarily on drinking and driving, the reasoning is equally applicable to situations where a person operates a motor vehicle while under the influence of a controlled substance. The fact that the statutes prohibit conduct that violates distinct societal norms is evidence that the Legislature intended to permit multiple punishments. . . .
A further source of legislative intent can be found in the amount of punishment expressly authorized by the Legislature. . . . We find it significant that the statutes do not involve a hierarchy of offenses or a situation where one statute incorporates most of the elements of a base statute and then increases the penalty on the basis of the presence of aggravating conduct. . . . Accordingly, we conclude that the penalty provisions of the statutes evidence a legislative intent to authorize punishment for both offenses. [Id. at 543-544 (Emphasis added).]
The Price Court similarly rejected the defendant's federal double jeopardy claim:
Furthermore, analyzing the offenses under the federal Blockburger test . . . also supports our conclusion that the Legislature intended to permit multiple punishments for involuntary manslaughter and OUI causing death.
Here, each offense contains an element not in the other. Involuntary manslaughter contains the element of gross negligence, while OUI causing death is a strict liability offense that does not require proof of gross negligence. Furthermore, OUI causing death requires proof that the defendant was operating a motor vehicle on a highway or other place open to the public or generally accessible to motor vehicles while under the influence of liquor, a controlled substance, or a combination thereof, or with an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. Involuntary manslaughter has no such requirements. The fact that the offenses each require proof of an element that the other does not is further evidence that the Legislature intended to serve two different interests in enacting each statute and to permit the imposition of separate punishments for both involuntary manslaughter and OUI causing death. [Id. at 544-546.]
Defendant acknowledges that Price seemingly governs resolution of the identical issues raised herein, but he maintains that the double jeopardy analysis in Price has been undermined by subsequent case law. Defendant points to the fact that in People v Lardie, 207 Mich App 615, 618-620; 525 NW2d 504 (1994), this Court held that OUIL causing death was a strict liability crime. As noted in the emphasized portions of the excerpts from Price cited above, the Price Court quoted and relied on Lardie in this regard to distinguish the OUIL causing death statute from the involuntary manslaughter statute for double jeopardy purposes. However, on further appeal, our Supreme Court in People v Lardie, 452 Mich 231; 551 NW2d 656 (1996), while affirming the constitutionality of the OUIL causing death statute, overturned in part the holding of this Court in Lardie when it concluded that the cr
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