Can You Be Convicted of Murder Even If You Were Not Driving at the Time of the Collision?
The answer is YES. A recent California Court of Appeal decision makes clear that you can be convicted of murder—even if you were not driving your vehicle at the exact moment a fatal crash occurred—if your actions while driving under the influence directly led to someone’s death.
In People v. Nevarez, the court upheld a second-degree murder charge under Penal Code §187(a) after a tragic DUI collision that caused a motorcyclist’s death. This case illustrates just how serious the consequences can be when driving under the influence results in death—and how murder liability may still apply, even after the driver’s car stops moving.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our defense attorneys near you.
The Facts: A Deadly Chain of Events
Jose Nevarez was driving while intoxicated when he caused multiple collisions on a Southern California highway. His vehicle struck several cars before coming to rest in the HOV lane, disabled, unlit, and blocking traffic.
Only two minutes later, a motorcyclist crashed into the rear of Nevarez’s stopped vehicle and died at the scene. Prosecutors charged Nevarez with second-degree murder (Penal Code §187) and gross vehicular manslaughter while intoxicated (Penal Code §191.5(a)).
Nevarez argued that because the fatal collision occurred after he stopped driving, there was no “volitional act” to support a murder charge. He relied on People v. Superior Court (Chagolla) (2024) 102 Cal.App.5th 499, where a DUI driver caused a traffic jam that indirectly led to a fatal crash 30 minutes later—too remote, according to that court, to prove implied malice.
The Court’s Decision: “Ceasing to Drive” Is Not a Shield from Murder Liability
The Court of Appeal in Nevarez rejected the argument that a driver must still be “actively driving” to be liable for murder under Penal Code §187.
The court held that Nevarez’s conduct—driving under the influence, causing a series of crashes, and leaving his vehicle disabled and unlit in a high-speed lane—created a direct and foreseeable chain of events leading to the victim’s death. Because the fatal crash occurred within minutes, the court found sufficient evidence of both implied malice (acting with conscious disregard for human life) and proximate cause (a direct causal link between Nevarez’s actions and the death).
The ruling emphasizes that murder liability does not end the moment a driver takes their foot off the pedal. If your reckless or intoxicated driving sets in motion a deadly event, you can still be charged with second-degree murder under Penal Code §187(a).
Understanding the Law: Murder vs. Vehicular Manslaughter
- Murder (Penal Code §187(a)): The unlawful killing of a human being with malice aforethought. When a person drives while intoxicated and knowingly engages in life-endangering conduct, that malice can be implied, leading to a charge of second-degree murder—often referred to as a “Watson murder.”
- Gross Vehicular Manslaughter While Intoxicated (Penal Code §191.5(a)): Applies when a person, while intoxicated, commits gross negligence resulting in another’s death. Unlike murder, it does not require proof of conscious disregard for life.
The difference between these charges can mean the difference between 10 years in prison and 15 years to life.
How an Experienced Wallin & Klarich Attorney Can Help
Being accused of murder or vehicular manslaughter while intoxicated is one of the most serious situations anyone can face. These charges carry the potential for life imprisonment and permanent damage to your future. At Wallin & Klarich, our experienced criminal defense attorneys have over 40 years of experience successfully defending clients charged with DUI, Watson murder, and vehicular homicide across California.
Here’s how our firm can help you:
- Thoroughly investigate the evidence – We analyze every detail, including accident reconstruction reports, toxicology results, and police procedures, to identify weaknesses or violations of your rights.
- Challenge implied malice and causation – Prosecutors must prove that you acted with conscious disregard for life and that your conduct directly caused the death. Our attorneys know how to dispute these complex legal elements.
- Negotiate for reduced charges or dismissal – In many cases, we can fight to have murder charges reduced to vehicular manslaughter or another lesser offense.
- Defend you in court – With decades of trial experience, our attorneys know how to present compelling defenses to judges and juries in even the toughest cases.
When your freedom and reputation are on the line, you need a law firm with a proven record of success, dedication, and compassion. You need Wallin & Klarich.
Call Wallin & Klarich Today
If you or someone you love is facing murder, vehicular manslaughter, or DUI charges, the time to act is now. Our attorneys will fight aggressively to protect your rights, your freedom, and your future. At Wallin & Klarich, we know that everyone deserves a second chance—and we’ll do everything in our power to help you get yours.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.
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