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Orange County Man Starts Trial for DUI-Murder Charges

By Neil Shouse, Esq.

The DUI-Murder trial started Monday of Danny Ruiz, a Laguna Hills man accused of killing his pregnant girlfriend when he crashed into a tree with a .17 BAC. Ruiz was on probation for a prior DUI. In that case, he signed an admonition acknowledging that he could be prosecuted for murder if he were to kill someone in the future as a result of drunk driving. DUI-homicide cases can be difficult for the prosecutor, according to Orange County DUI Attorney John Murray. "Jurors hesitate to convict someone of the ultimate crime for conduct that amounted to an accident. There usually has to be very aggravating circumstances." California law allows drunk drivers who cause a fatal accident to be prosecuted for second-degree murder under an "implied malice" theory...continue to full post

Full post as published by DUI Blogger on July 22, 2009 (boomark / email).