National Trend To Charge Murder In DUI / Drunk Driving Cases

Oct 11, 2010 @ 04:45 PM — by Myles L. Berman

There has been a growing trend nationally to charge drivers with murder when a death occurs as a result of a driver who is arrested in a DUI / Drunk Driving case. Some years back, a prosecutor put forth a theory that if the driver knows or should have known of the risk of driving under the influence of alcohol, is grossly negligent in the way the vehicle was driven and a death occurs as a result, then the jury can "infer" the driver had the requisite "malice" to find the driver guilty of murder. One way to show the driver knew or should have known of the risks is if there was a prior conviction for DUI / Drunk Driving where the driver attended an alcohol program and was taught about the dangers of DUI / Drunk Driving.

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