DUI murder is the crime of second-degree murder based on the 1981 CA Supreme Court case, People v. Watson. The "Watson Murder" case set the stage for drunk drivers who cause an accident that kills someone to be convicted of murder under Penal Code 187. "Watson Murder" prosecutions are usually, but not always, applied to persons with prior DUI convictions. It is easier to try and prove "implied malice" since the person has a prior conviction which showed them the dangers of drunk driving and probably attended DUI driving school and cannot claim ignorance of the dangers of drinking and driving.
When sentenced for drunk driving in the California courts the person convicted of DUI must sign or verbally acknowledge what is known as a "Watson advisement". Thus the convicted person acknowledges that, 1) It is extremely dangerous to human life to drive while under the influence of alcohol and/or drugs, 2) California prosecutors may charge you with murder if you kill someone while driving under the influence.
DUI homicide differs from first degree murder in that there is no "intent" to actively kill another person. This lack of "intent" classifies DUI homicide as second degree murder.
Charles L Cassy Attorney at Law will fight prosecution for DUI Murder on several levels, particularly questioning the state of mind (conscious disregard for human life) of the driver. Mental state is an important factor as prosecutors must prove that you acted with "implied malice", that is, a conscious disregard for human life. A strong defense regarding mental state is critical to the case as it can be difficult for the prosecutor to prove the DUI driver had "implied malice."
When accused of a DUI murder you must have a DUI defense lawyer who zealously defends your case as these "Watson murder" charges are tried aggressively by the prosecution. To defend you and your rights under the law you need an experienced lawyer who won't be intimidated by the State. You need Charles L Cassy Attorney at Law. Charles L Cassy Attorney at Law has over thirty years of DUI defense experience and will represent you with all the expertise of our lawyers and investigators. We will conduct a review of all the procedures that took place during your DUI investigation and arrest as well as chemical testing accuracy and results. There is the possibility of acquittal or lesser charges based on the facts of your case. Just because the State says you are guilty doesn't mean you are. Retain a top Ventura County DUI legal team - Charles L Cassy Attorney at Law.
Contact Charles L Cassy Attorney at Law immediately upon being investigated or charged with any BUI charge. We have over thirty years experience in defending these cases. We will put our expertise to work for you.