Can You be Charged with #Murder for Causing a Fatal #DUI #Accident?

Newsflash from your Hollywood Attorney:

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.

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

 

 
Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600    
 http://www.jonathanfranklinlaw.com

Is #LegalLimit of 0.08 % High Enough? The National #Traffic #Safety Board Wants It Lower

Newsflash from your Hollywood Attorney:

There is no denying the fact that the past 70 years has seen a huge change in how police and the public view driving under the influence. Numerous private organizations, government agencies and lawmakers have focused on DUI laws. For instance, in California a blood alcohol concentration, or BAC, of 0.08 percent or higher falls within the DUI statute. Drivers at or above 0.08 BAC are typically arrested for DUI. This shift has helped decrease alcohol-related vehicle accidents across the country. However, it has also caused a rise in the number of DUI arrests.

For the National Traffic Safety Board, or NTSB, has continuously pushed for a lower legal limit. It wants every state to adopt a legal limit of 0.05 percent for drivers who are over 21 years old. It’s an effort that started more than one year ago.

Many states, including California, are hesitant to lower the legal limit. California already lowered the legal limit once. In 1990, the legal limit was lowered from 0.10 percent to the current limit. In fact, South Carolina officials publically disagreed with the NTSB’s attempts to lower the legal limit.


California Drivers Can Be Arrested for BAC Levels Less than 0.08 Percent

Police in the state are already allowed to arrest drivers for DUI even with a BAC level under 0.08 percent. Although the NTSB wants the lower limit to apply in all situations, California only applies this policy in certain situations. For example, if an officer believes a driver is significantly impaired to drive. However, his or her BAC is under 0.08 percent. The officer can arrest the driver for DUI. Here are some other instances:

•People who drive commercial vehicles such as trucks can be arrested if they have a BAC of 0.04 percent or higher.

•A driver 21 years old or younger can be charged with DUI. His or her BAC must be at least 0.01 percent.


Arrests over the Legal Limit

Majority of states are enacting DUI laws for BAC levels at 0.12 to 0.15 percent or higher. This makes lowering the legal BAC limit unnecessary. In some instances, drivers who have a chemical breath or blood test that registers a higher BAC level may face enhanced, harsher penalties. Yet, advocates are still continuing to push for a lower limit to set a message that drinking and driving is not tolerated.

Although the battle over lowering the legal DUI continues, Californians should be aware of a few things. They can be arrested, charged and penalized for a DUI even if their BAC levels are under 0.08 percent. Also, the Law Offices of Jonathan Franklin is available to help anyone facing a DUI charge. We will aggressive defend and protect your rights and your future. Call today for a free consultation. It is the first step in your efforts to successfully resolve your matter.

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.
http://lawofficesofjonathanfranklin.blogspot.com/

 

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600    
 http://www.jonathanfranklinlaw.com