DUIs with Death Or Injury
A California DUI with “implied malice” can result in a second-degree murder charge, according to the seminal California Supreme Court case, People v. Watson (1981), Cal.3d 290.
A leading article appearing in the winter issue of CRIMINAL LAW JOURNAL mailed to the California state bar’s criminal section members last week, offers ideas on how to best defend DUI defendants when there has been death or injury.
With death, you can be charged with:
1. Second degree murder
2.Gross vehicular manslaughter while intoxicated
3. Vehicular manslaughter while intoxicated
When there has been either injury or death, you are in a different ballpark and you need a specialist.
Why? Here is just one quote from the article:
“Due to a statutory anomaly, the actual time of incarceration
served by a defendant convicted of a felony DUI with injury
is likely to be greater than the time served by a defendant
convicted of vehicular manslaughter, while intoxicated,
without gross negligence.”
For more information on what to do if you are involved in a DUI that resulted in injury or death, contact the Law Offices of Douglas Slain.
