e kul per usual you are wrong. One act requires intent, the other is negligence at best. An element of every crime on any book in every state is intent.
Bollocks. How do you define drink driving. In the case of exceeding the blood alcohol limit you can be penalized without harming anybody and with zero criminal intent, same goes with most traffic laws, speeding, running a red light. These law are based on actuarial risk. Drink driving, speeding, running a red light increases actuarial risk for innocent people, as does using a mobile phone while driving. Using your mobile phone whilst driving is a criminal act. This case should be judged a negligent homicide, any reasonable person would asses that dropping your mobile phone whilst driving and then reaching for it and not being aware of your surroundings while driving increases actuarial risk to innocent parties. Therefore a negligent act.