Watson Murder Defenses

Not Under the Influence

A conviction for a Watson Murder requires that you were under the influence of drugs or alcohol at the time of the accident. A criminal defense attorney can be indispensable in challenging the claim that you were under the influence at the time of the accident. To do so, your attorney can present evidence that questions the validity of the police procedures used to determine your alleged intoxication. This includes scrutinizing the police DUI investigation for any defects in the timing or manner in which a field sobriety test (FST) or chemical test was performed. Any evidence that the police may have been wrong or inaccurate in concluding that you were under the influence may result in a dismissal of the charge.

Lack of Implied Malice

This requirement is the distinguishing factor of a Watson Murder. In this type of murder case, the prosecutor must show that you had a clear understanding of the risks and dangers of driving while under the influence, and knowing those risks, still choose to drive a motor vehicle – resulting in the death of another person or people. The prosecution may try to prove implied malice by showing that you had previously acknowledged the Watson Admonition or that you had attended a DUI rehabilitation class, which is intended to show that at the time you allegedly drove, you had special knowledge of the fact that driving while under the influence posed a danger to human life. To counter this allegation, your defense attorney can present evidence that you were never given a Watson Admonition or that you never completed a DUI class so as to be put on proper notice. The Watson Admonition was only given to DUI convicts after the 1981 decision. If your attorney can successfully maintain that you lacked the necessary implied malice, you may prevail.

Not the Cause of Death

A conviction requires that your actions caused the victim’s death. Your attorney can present evidence or factual arguments to show that your actions were, in fact, not the cause of the victim’s death. This can be achieved, for example, by showing that you were not the driver at the time of the accident. Your attorney may also present expert testimony that can reconstruct the accident to show that the victim’s death was actually caused by some later superseding event. If the prosecution cannot prove that your act was the direct or a substantial cause of the victim’s death, the charge against you may be dismissed.

Given the serious nature of the offense, if you are charged with a Watson Murder, it is imperative that you contact an experienced criminal defense attorney to ensure that your rights are protected. Our attorneys at Wallin & Klarich have over 30 years of experience in helping our clients formulate the best possible defense strategy against a Watson Murder charge. Call us today at 888-749-0034. We will be there when you call.