When you think about the death penalty, you probably picture it being used on crimes that are examples of extreme moral depravity. We have all seen examples of the in movies, syndicated primetime television shows or in the plots of bestselling novels. We think of the death penalty being applied in cases of premeditated first-degree murder, and not, for example, vehicular homicide. When you hear of the unfortunate events of vehicular homicide, it is usually in the local new outlets. It brings to mind pain and regret, not depraved indifference. This is changing, however.
Various anti-drunk-driving campaigns have been able to successfully lobby in assorted legal venues the idea of the DUI murder. A “DUI murder” would not be like the perhaps understandable offenses of manslaughter or homicide. Instead, it would have the same implications as a murder charge. Usually, when a death occurs as a result of drunk-driving, the motorist would face involuntary manslaughter charges. If the “DUI murder” charge becomes law, the death would now be looked at as an unintentional act of murder caused by the reckless actions of the driver.
In a case that originated in California, a prosecutor sought the charge of second-degree murder for a drunk-driver, rather than the vehicular homicide statute that was already established by the California law. Ultimately, the prosecutor was successful and the defendant was found guilty of second-degree murder. The defense appealed this case to the California Supreme Court, but the court ruled in favor of the prosecution. This defendant was found by the court to have “depraved indifference for human life.” When the California Supreme Court explained its ruling, it reasoned that this motive is present in anyone who consumes so much alcohol that he or she becomes intoxicated, while knowing that he or she will have to drive sometime in the near future. The combination of impaired judgment and impaired physical facility is enough to reasonably assume they had the intent to disregard for the safety of others, or so the court reasoned. Added up, this explanation equals what the court calls “conscious indifference.” Another case that took place in 1997 demonstrates another example of prosecution to the fullest, harshest extent of the law. The prosecution successfully made their case and the defendant was found guilty of committing first-degree murder following a DUI that involved the unfortunate death of two people. The defendant was sentenced to life in prison without the possibility of parole, despite the best efforts of the prosecution, who had pushed for the death penalty.
Please contact an experienced Florida DUI attorney for more information regarding your rights and any options that may be available to you. If you or someone you love has been arrested or charged for a Florida DUI, the experienced Florida DUI attorneys at Musca Law have helped many people avoid the extremely harsh consequences of Florida DUI convictions. We invite you to contact a Florida DUI attorney at Musca Law to schedule a free confidential consultation: (800) 687-2252.
