DUI Blogger

Original “Melrose Place” actress Amy Locane was charged today with second-degree vehicular homicide and third-degree assault stemming from an accident that took place last night. Locane allegedly hit another car, killing the female passenger inside. This was reportedly immediately following a minor hit-and-run. She faces five-to-ten years in prison if convicted.

California DUI law allows prosecutors to charge those who have suffered at least one prior DUI with second-degree murder if they allegedly kill another person while drunk driving. Much more severe than vehicular manslaughter, a DUI second-degree murder charge carries a prison sentence of 15-years-to-life.

The reason that California law allows DUI second-degree murder charges for those previously convicted of DUI is because DUI offenders in this state are advised at the time of conviction that driving drunk is dangerous to human life…and that if they continue to do so, they are driving with that special knowledge. That knowledge is equivalent to malice – a state of mind that expresses an “I don’t care what happens” attitude…a state of mind that is required before an individual can be convicted of murder.

Although there are no reports that Locane suffered any prior DUI convictions, it is important to understand how “priors” play into a DUI sentence that involves death.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Celebrity DUI Arrests , DUI Second Degree Murder

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Although California DUI murder cases a.k.a. “Watson murder” cases used to be quite rare, they seem to be on the rise. Last week, an Orange County jury convicted Suzanne Amelia Carlson, 27, of second-degree murder after she killed her passenger by crashing into an 18-wheeler Fed-Ex truck while she was intoxicated back in 2007.

Within an hour of the accident, Carlson submitted to a DUI breath test that revealed a blood alcohol concentration (BAC) of .22%. Carlson had previously been convicted of three DUIs, one in 2001, and two in 2007.

In order for a prosecutor to get a murder conviction in a DUI death case, he/she must prove that the defendant had first-hand knowledge about the dangers of drinking and driving, yet acted with complete and reckless disregard for that fact. Prosecutors were apparently able to prove that in this case, as well as two other recent California DUI murder or “Watson” murder cases.

Carlson, as well as the other defendants recently convicted of DUI murder, face fifteen years-to-life in the California State Prison for their acts. This is one reason why it is critical to consult with an experienced California DUI defense attorney immediately upon arrest if your DUI involved an accident where someone was injured or killed.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Second Degree Murder , News & Information , Vehicular Manslaughter

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Last month authorities arrested a Philadelphia man for his eighth DUI after he killed a man and seriously injured the man’s wife and daughter while driving his car on the wrong side of the highway. He reportedly had a blood alcohol concentration (BAC) of .229 at the time.

The man was indicted on charges of aggravated manslaughter. Lucky for him, he wasn’t driving in California at the time, or he surely would have been charged with murder.

This is because California courts permit prosecutors to convict repeat DUI offenders for second degree murder under certain circumstances. Known as “Watson” murder or DUI second degree murder, this charge is alleged when prosecutors believe that an individual has special knowledge about the dangers of drinking and driving…and knowingly acts with disregard for that fact.

In theory, these charges could be filed against an individual who suffered at least one prior DUI. The fact that this man was involved in seven prior DUI incidents would surely make him a candidate for this charge.

Unlike typical California DUI manslaughter charges, “Watson” murder or DUI second degree murder charges carry a potential lifetime prison sentence.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Second Degree Murder

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