Can what happened to a Southern California man in July 2014 happen to you? It may seem extreme but there are certain instances where you can be accused of causing a drunk driving accident and face murder charges too.
One DUI and Murder Case
The 25-year old Southern California man was convicted of second degree murder and other criminal charges for the deaths of two Caltrans employees. The conviction was a result of a 2012 car accident that occurred in a construction zone in Torrance, California.
The car crash happened on July 22, 2012 during the morning hours. According to state prosecutors, the man was driving a Ford Explorer approximately 90 miles in that construction zone when he lost control. His SUV struck another SUV. The second vehicle spun out of control before it struck two Caltrans employees. The third worker was hit, but the injuries were minor.
Prosecutors claimed that the man’s blood alcohol concentration, or BAC, level was 0.21 percent at the time the accident happened. He was sentence to a minimum of 34 years in prison. His maximum punishment is life in prison.
Implied Malice and Murder
In cases where a death happens during a traffic accident, a driver is at risk of being charged with vehicular manslaughter. Vehicular manslaughter is a serious charge, but it is less serious than murder. The charge is defined as an act that was not done intentionally, but involved illegal or reckless behavior.
However, there were two factors working against this defendant that could work against anyone in the same position. First, this was not his first DUI conviction. Any prior DUI convictions, more specifically a DUI that causes injury or a similar serious offense, increases the severity of the current charge that a defendant faces.
It seems like a prior conviction should not increase or have a huge impact on any current charges, but it does. The reason for this is a landmark case called the People v. Watson 30 Cal. 3rd 290 in 1981. In that case, the court decided that implied malice can apply in fatal DUI cases. Implied malice supports a second degree murder charge because of the person's intent involved.
Therefore, implied malice will be used to prove the intent element for murder just like gross negligence does for vehicular manslaughter.
Implied Intent vs. Gross Negligence
Implied intent and gross negligence are difficult to distinguish. Basically, the prosecution has a duty to prove a defendant is guilty beyond a reasonable doubt. Thus, the prosecutor must prove that the defendant acted with implied malice to prove second degree murder in fatal DUI accident.
Gross negligence is defined as acting in a way that can cause someone’s death or serious bodily injury. It is essentially negligence because the individual knows (or should know) that his or her actions could cause this level of harm. Implied malice is one step above gross negligence. Why? Anyone who drinks and drives should have the knowledge that this action can cause serious bodily harm or death. Yet, the individual drives under the influence.
California Penal Code 187
The other factor working against the man convicted of second degree murder is California Penal Code 187. This statute defines murder as an unlawful killing of a human being or fetus with malice. This statute includes both expressed and implied malice.
Unfortunately, this man found out the hard way that a DUI may result in a murder conviction. If you are accused of DUI or DUI causing a fatal accident contact he Law Offices of Jonathan Franklin immediately. You need to protect your rights and future in your efforts to avoid more serious charges like murder.
