How a DUI related traffic fatality can lead to a 2nd Degree Murder Charge in Riverside County

It’s something you read in the paper all the time- “Traffic Fatality in Riverside, Driver Arrested Under Suspicion of Driving Under the Influence”. Since the death of Angels pitcher Nick Adenhart and the very public trial that followed his being killed by a drunk driver, this issue comes up again and again in Riverside County, and throughout Southern California.

Typically, if someone is under the influence of drugs and or alcohol, and kills someone in a traffic accident, they will be charged with “Gross Vehicular Man-slaughter while Intoxicated”. This charge carries with it a maximum punishment of 10 years in state prison.

However, some years ago the California Supreme Court ruled in The People v. Watsonthat if the prosecution can establish “Malice Aforethought” (which is basically wanton disregard for human life) in a case where someone killed another while driving under the influence, they can be charged with 2nd Degree Murder.

This ups the stakes tremendously due to the fact that a conviction of 2nd degree murder will result in a 15 year to life sentence. This means the defendant must serve at least 15 years before even being considered for parole. Even after 15 years, the defendant can be denied parole indefinitely- serving an entire life sentence perhaps. Factors that typically come into play when prosecutors decide whether or not to file 2nd degree murder charge in a DUI related death is whether or not the defendant had a prior DUI and whether or not the defendant had notice that driving under the influence of alcohol of drugs is extremely dangerous to human life.

If you or a loved one have been charged with 2nd Degree Murder based on a DUI or Gross Vehicular Manslaughter while Intoxicated, contact the experienced Riverside murder attorneys at Wallin & Klarich. We’ve have been helping criminal defendants for over 40 years. Call us at (888) 280-6839 or visit us at www.wklaw.com.

Did you find this blog helpful? Leave us a comment and let us know.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

View all of Paul Wallin's posts.