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: DUI Blog

How to Convict a Drunk Driver of Murder

By Lawrence Taylor

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In California as in most states, the crime prescribed by statute in the event of a death caused by drunk driving is manslaughter.  In recent years, however, MADD’s "War on Drunk Driving" has encouraged prosecutors to find creative ways of charging murder.  Let’s eavesdrop on a veteran prosecutor in California explaining the ropes to an ambitious  young prosecutor: Q. I wish I could get this drunk driver for murder, not just vehicular manslaughter. A. You’re the prosecutor: You can charge him with anything you want. Q. But how would I prove the mental state for murder, malice? A. As you know, malice usually means there’s an intent to kill. But the law says you can imply malice...continue to full post

Full post as published by DUI Blog on October 09, 2008 (boomark / email).

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