If I am driving under the influence and hit and kill someone with my car, can I be charged with murder? The answer is YES!
In California, this is known as a “Watson Murder” and generally, but not exclusively, this applies to an individual who has a prior DUI conviction. A “Watson Murder” is named after the case People v. Watson which prosecuted a multiple DUI offender with second degree murder under the premise of “implied malice”. “Implied Malice” second degree murder is best summed up as follows: “I know what I am doing is dangerous to human life, but I don’t care, I am going to do it anyway!”
“Watson Murders” are easier to prosecute on an offender with a prior DUI conviction because they should already know the inherent dangers associated with driving under the influence. Most likely, they have already attended alcohol educations classes where they learned about the danger of drinking and driving but disregarded it and decided to drink, drive and ultimately kill. From an Implied Malice standpoint, it is just easier to prove.
As a matter of fact, in an effort to make future prosecutions pursuant to the Watson Murder Rule easier, many courts require a defendant to sign a statement indicating that they have been advised that driving under the influence of alcohol or drugs or both impairs their ability to operate a motor vehicle safely and, therefore, is dangerous to human life. This way, if that person happens to drink and drive again, and in the process, hits and kills someone with their car, their is a signed notice on file with the court acknowledging they knew it was dangerous but did in anyway …implied malice has been established!
Related Orange County attorney post
- Brittany Schuetz Guilty of DUI Murder Brittany Schuetz was found guilty of murder today in connection...
- San Clemente DUI Driver Gets 55 Years in Prison A DUI driver that crashed his SUV into a tree...
- Repeat DUI Driver Guilty of Murder for Killing Friend The Orange County Register reports that a Long Beach repeat...
- Trial for DUI Driver in Death of Pregnant Girlfriend The Orange County Register reports that a DUI driver will...
- Marine to Use Post Traumatic Stress Disorder in Deadly DUI Trial A former marine charged with murder in a fatal DUI...
