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DWI death successfully prosecuted as murder in NY | 7 comments (7 topical)
Re: DWI death successfully prosecuted as murder (none / 0) (#4)
by Angrybat on Wed Oct 18, 2006 at 03:28:29 PM EST
In California, DUIs have been prosecuted as second degree murders on the basis of implied malice for years and years.  (See, e.g., People v. Watson (1981) 30 Cal.3d 290, 296-299.)  I guess because I live and work here, and I'm used to it, I never thought of it as an unusual or groundbreaking thing, like this article suggests.

So the statement in the article "It is one of only a few murder convictions won in fatal drunken driving cases anywhere" is not true, unless I'm missing something here.

DWI death successfully prosecuted as murder in NY | 7 comments (7 topical)

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