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: Southern California Criminal Defense Blog

Watson Murder- How a DUI related traffic fatality can lead to a 2nd Degree Murder Charge in California

By Walin & Klarich

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It?s something you read in the paper all the time- "Traffic Fatality in Orange County, Driver Arrested Under Suspicion of Driving Under the Influence". Especially with the death of Angels pitcher Nick Adenhart and the very public trial that followed his being killed by a drunk driver, this issue comes up again and again in Orange County, and throughout Southern California. Typically, if someone is under the influence of drugs and or alcohol, and kills someone in a traffic accident, they will be charged with "Gross Vehicular Man-slaughter while Intoxicated". This charge carries with it a maximum punishment of 10 years in state prison. However, some years ago the California Supreme Court ruled in The People v. Watson that if the prosecution can establish "Malice Aforethought" (which is basically wanton disregard for human life) in a case where someone killed another while driving under the influence, they can be charged with 2nd Degree Murder...continue to full post

Full post as published by Southern California Criminal Defense Blog on March 02, 2011 (boomark / email).