Second-degree Murder

When a drunk driving case involves a death, serious charges will be filed against the motorist suspected of driving under the influence of alcohol. Punishment in these cases can be very severe. When a person dies in a drunk driving incident, the prosecutor will commonly charge the driver with vehicular homicide, manslaughter, or second-degree murder. A skilled DUI / DWI attorney can vigorously defend the case and can often reach a reasonable plea bargain with the prosecution.

Felony second-degree murder is a rare charge to be brought in cases of driving under the influence of alcohol or driving while intoxicated in California. In second-degree murder cases the prosecution must prove that the driver acted with implied malice or a conscious disregard for human life. This is usually very difficult for a prosecutor to prove.

When a driver has a record of DUI / DWI convictions, the prosecutor will be able to present those prior convictions as evidence that the driver was aware of the dangers involved in driving drunk. When a person pleads Guilty or No Contest to drunk driving charges in California, they must sign an admission or admit on the record that they are aware of the dangers of driving while drunk. This is known as a “Watson warning.” The prosecutor may use the Watson warning to try to illustrate the driver’s intent.

A skilled DUI / DWI defense attorney will employ independent experts to investigate the underlying DUI / DWI charges. If the driver was below the legal limit or not under the influence of alcohol at all, the prosecutor may have to drop some of the charges. The experts will investigate what the driver’s blood alcohol content (BAC) would have been at the time of the accident. Quite often, chemical tests are conducted hours after an accident. Due to the delay in conducting the testing, there will be no definitive evidence as to the driver’s exact BAC at the time of the accident. In fact, the driver’s BAC could have increased between the time of the accident and the time of the blood test or breath test.

In second-degree murder cases, the defense is up against both the police and prosecutors, who have the resources to investigate every aspect of the incident and every inch of the scene in order to gather evidence against the defendant. An attorney who focuses on drunk driving criminal defense will employ independent investigators to conduct forensic research and reconstruct the accident to uncover evidence that points to the defendant’s innocence.

An independent investigation by the criminal defense attorney and his or her team of experts is extremely important when presenting a defense to charges of vehicular homicide. The consequences are very harsh in second-degree murder cases. They can carry a sentence of 25 years to life. Because the effort of the prosecution may be relentless, it’s crucial to hire only the best possible legal representation. A California DUI / DWI attorney and the experts on the defense team will evaluate each case to determine the best possible defense in order to minimize any potential punishments.

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