What is the test for a criminal judgment under Section 523(a)(9) of the Motor Vehicle Accident Act?

Consequently, each of the elements of 523(a)(9) have been met unless an additional requirement of a civil judgment is read into the statute. To be sure, judgments fixing damages in auto accident cases where the defendant was intoxicated will often be civil judgments. But there is nothing in 523(a)(9) to preclude criminal judgments from meeting the statutory test. If debtor can be found liable criminally by proof beyond a reasonable doubt of causing injury and death while driving a vehicle when he was legally intoxicated, debtor would be precluded from relitigating any of those issues. Grogan v. Garner, 498 U.S. 279, 111 S.Ct. 654, 112 L.Ed.2d 755 (1991).