Can a drunk driver be charged as second degree murder in a motor vehicle accident?
California, United States of America
The following excerpt is from People v. Romero, F073680 (Cal. App. 2018):
In People v. Watson, supra, 30 Cal.3d 290, the court held that in appropriate circumstances, a homicide caused by a drunk driver may be prosecuted as second degree murder based on implied malice when "the facts demonstrate a subjective awareness of the risk created ...." (Id. at p. 298.)
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