Law Homework Help

Joey McGrady was driving under the influence of alcohol when he lost control and collided with Melissa Jacobs’s car. Melissa was 35 weeks pregnant at the time of the accident. After the accident, Melissa gave birth to a baby boy, Seth, who lived only 11 hours before dying from injuries he sustained in the car crash. The prosecutor charged Joey with vehicular homicide for Seth’s death. Joey argues that Seth was not “alive” at the time of the accident so he cannot be charged with homicide. Can Joey be charged with vehicular homicide? Why or why not?