Recently, an Appellate Court in California affirmed a second degree murder conviction for a reckless driver who was alcohol/drug free because in part he had a previous DUI / Drunk Driving conviction. The prosecution introduced into evidence in the murder trial evidence of the prior DUI / Drunk Driving conviction and that the defendant attended an alcohol program in the prior DUI / Drunk Driving case that discussed the risks of driving dangerously and therefore the defendant was aware of the risks. Once the defendant was aware of the risks, the jury was allowed to infer malice which would justify a second degree murder conviction. Therefore, anyone who has a DUI / Drunk Driving conviction and gets into an accident in which the state feels the driver was reckless can be charged and convicted of second degree murder.

This entry was posted on Wednesday, August 25th, 2010 at 3:24 pm and is filed under Miles Berman / DUI / Drunk Driving. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.