Vehicular Homicide
Thursday by: Doreen
Homicide in relation to a car accident is often called a Watson murder. This is a result of a multiple DUI offender being charged with second-degree murder. Second-degree murder implies malice.
California Penal Code Section 188 defines malice in relation to a vehicular homicide, as “Such malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is implied, when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart.
When it is shown that the killing resulted from the intentional doing of an act with express or implied malice as defined above, no other mental state need be shown to establish the mental state of malice aforethought. Neither an awareness of the obligation to act within the general body of laws regulating society nor acting despite such awareness is included within the definition of malice.”
Implied consent may occur if the offender has attended AA meetings, been involved in alcohol education classes or if they have had a prior DUI conviction. It is becoming more common for courts to require anyone convicted of a DUI to sign a statement of acknowledgement. This statement acknowledges your understanding that driving under the influence of any alcoholic substance is dangerous.
Any person who is charged with homicide or any other type of charges that are incurred from a driving under the influence charge needs to be represented by a California Drunk Driving Attorney. You have too much at risk to fail to properly defend yourself.
