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Can't speak for Va., but in N.Y (I was an Asst. DA for 26 years), murder (capital murder aside)requires one of three circumstances to be viable:[1] intent- the actor INTENDS to kill his victim, [2] "depraved indifference, the conduct is so reckless that the recklessness rises above manslaughter. Example: The defendant drives his car, at high speed into a crowd of people. You may not be able to prove he killed victim A intentionally, but A dies as a result of his act, [3] "felony murder"; someone is killed during the commission of certain designated felonies (DUI, or DWI is not one of them.

N.Y has three types of manslaughter, man 1-actor intends serious physical injury, or disfigurement, victim dies; man 2-reckless conduct results in death, vehicular manslaughter- added to Penal Law for vehiculars. N.Y also has criminally negligent homicide, where the recklessness is not clearly provable.

OH - I'm aware of the law. It's the law that I don't agree with. I firmly believe that the definition of murder (and the possibility of capitol punishment) should be expanded.