In 2012, an Orange County woman, Sandra Hernandez, was camping with her family in North Dakota when a drunk driver ran over the family tent, killing her two young sons, ages 5 and 9. The driver who ran over the tent had four previous DUIs in California. Had he committed…
Articles Posted in DUI Manslaughter
IMPLIED MALICE A NECESSARY ELEMENT TO CONVICT ON SECOND DEGREE VEHICULAR MURDER
In 2018, 19-year-old Davion Murphy, driving through residential Lancaster, California at a speed of 88 miles per hour, with a posted speed limit was 40 mph, ran a red light colliding with another vehicle. The collision caused the death of all three occupants in the vehicle Mr. Murphy’s vehicle hit.…
DUI DEATHS IN ORANGE COUNTY – A SUMMER REVIEW
Run a search of the Orange County Register articles this summer on DUIs and you will learn that a woman suspected of DUI drove her car into Newport Bay, you will read about DUI crashes, some involving injury, and you will also read about DUI drivers who caused the death…
CAUSING THE DEATH OF ANOTHER WHILE DRIVING UNDER THE INFLUENCE AND IMPLIED MALICE
Mr. Tev, while intoxicated, was driving his vehicle on the wrong side of the road at a high rate of speed. He crashed head-on into a car traveling on the road, killing the driver of that vehicle. Mr. Tev was charged with second-degree murder among other offenses. Mr. Tev had…
LOS ANGELES MOTHER CHARGED WITH DUI THAT CAUSED THE DEATH OF HER INFANT
Every parent’s nightmare is that their child will die before them. The tragedy is compounded when a child is killed by a drunk driver. But what if you are that DUI driver and you cause the death of your own child. Just this week, a Los Angeles mother was driving…
A DUI THAT RESULTS IN THE DEATH OF ANOTHER CAN BE CHARGED AS MURDER
Here’s a story that could happen to anyone who makes the decision to drive drunk: In 2012, Ryan pleaded guilty to driving under the influence. It was his first DUI. As part of his guilty plea, he was provided with a Watsonadvisement. The Watsonadvisement was introduced in California following…
DRIVING UNDER THE INFLUENCE OF MARIJUANA AND VEHICULAR MANSLAUGHTER
In previous blog posts I discussed driving under the influence of marijuana (cannabis) and the difficulties provingthat a driver was under the influence at the time he or she was driving. The active ingredient in cannabis, THC, stays in a person’s system long after the effect wears offmaking it…
DRUNK DRIVING RELATED TRAFFIC DEATHS ARE DECLINING IN EUROPE
According to the European Transport Safety Council, the European Union populous consumes more alcohol than any other region of the world. It is estimated that around 25% of all traffic fatalities in the EU are alcohol related. This is actually lower than the estimated percentage of drunk driving related fatal…
YOUNG FOOTHILL RANCH WOMAN CHARGED WITH MURDER ON SECOND DUI
A Foothill Ranch woman faces a murder charge under Penal Code section 187(a). It is alleged that on October 1, 2016, this woman, only 24 years old at the time, “with malice aforethought” killed another human being. Why am I writing about this on a DUI blog? Well, this…
A WATSON MURDER CAN BE CHARGED WITHOUT A PRIOR DUI
When a drunk driver kills someone, he or she is usually charged under the vehicular manslaughter laws. But under certain circumstances, the driver can be charged with 2nd degree murder. Known as a “Watson Murder” charge, this crime gets its name from a California Supreme Court case, People v.…