Man Also Faces Second-Degree Murder Charges After Passenger Was Killed In Wreck
A jury will try a San Mateo County resident for second-degree murder after killing a passenger while driving drunk. The man lost control of his vehicle on April 11, 2009, while allegedly speeding. The man drove into a curb, slid sideways into a eucalyptus tree and flipped the car onto its roof. A passenger in the driver's car was killed at the scene of the accident.
A jury convicted the man of felony gross vehicular manslaughter while intoxicated in April of 2011, but was unable to decide on the second-degree murder charges. The court declared a mistrial and the driver will be tried again in August. The earlier trial resulted in a 9-3 jury decision in favor of second-degree murder. The man is currently in custody on a $2 million bail.
Vehicular Manslaughter and Second-Degree Murder
Possible charges a drunk driver faces after an accident that results in the death of a passenger or other driver include:
- Vehicular manslaughter while intoxicated
- Gross vehicular manslaughter
- Second-degree murder
Any driver convicted of driving under the influence faces stiff penalties. When a drunk driver inures or kills someone because of his or her actions, however, the potential sentences grow significantly.
According to the California Penal Code, a charge of second-degree murder requires killing a human being "with malice aforethought." This means the alleged perpetrator must intend to kill a person, but does not necessarily need to kill someone out of hatred. Rather, when a drunk driver acts with a wanton disregard for life and the facts surrounding the accident demonstrate the driver was aware of the risk, a jury can find implied malice and convict the driver of murder.
A second-degree murder conviction can bring a life sentence, and the minimum sentence is 15 years in jail. Gross vehicular manslaughter is up to a 10 year sentence, and vehicular manslaughter carries a sentence of 16 months to four years in jail.
Contact a Criminal Defense Attorney
An accident that results in the death of another individual is a tragedy for all involved. If you have been charged with manslaughter or second-degree murder resulting from a DUI, contact an experienced criminal defense attorney. With such serious charges, you need an attorney who can present your case effectively and possibly avoid a murder conviction.
