What Am I Facing If My California DUI Caused a Death?
What are you facing if you're Driving Under the Influence of Alcohol and Causing a Death in California? This is a big question right now. Many people are drinking and driving and using drugs and driving, whether it be marijuana, cocaine, or any other narcotic — even prescription medication.
You get in an accident, and death occurs. If the accident is your fault and the perception is it was because of the alcohol or drugs or whatever it is you were using, in Los Angeles County, you face what's called a Watson murder or a second-degree murder, which is 15 to life. That's the worst thing you'd likely be facing, which of course, is horrible.
People ask, how could they possibly charge me with murder? What they're doing in that scenario where:
- you're drinking and driving, for example, and
- a death occurs,
- they are assuming malice of forethought,
- by knowing that it's dangerous to drink and drive and that death could occur because you could get in an accident and kill someone.
In our society today, at least in Los Angeles, that has been going on when deaths on the road involve alcohol.
New Los Angeles District Attorney Policies
Now, a new Los Angeles County prosecutor, a recent Los Angeles County prosecutor who just took over, may have something different new Los Angeles County prosecutor just took over may have something different to say about that. Throughout the last few years, the DA's policy has been:
- if you're drinking alcohol or if you're using drugs, or
- if you're driving around recklessly and you kill somebody,
- their policy, in general, is to charge you with second-degree murder and then work from there.
That policy may change because it has sometimes been different, and the new District Attorney sees things a bit differently than old regimes of the past. The new District Attorney may have a different approach to DUI-related deaths, which could lead to changes in the current policy.
Retain a Top Attorney for Your Defense
I think the bottom line is that if you or a loved one is charged with a death related to a DUI accident in Los Angeles, you've got to get a top attorney. I've been doing this for nearly 30 years; I have handled thousands of DUIs from the defense side, not the prosecution side. That's what you want. I've been able to defend these cases.
In some circumstances, sometimes the accident isn't my client's fault, and therefore, the death isn't my client's fault. In other cases, I've had to negotiate because the accident was my client's fault, and therefore, the death was their responsibility, and we had to deal with and try to get rid of any potential murder charge.
You're looking at more of a felony DUI in that circumstance. I try to keep people out of prison and preserve their life, livelihood, and family. I know how important it is.
Criminal Defense for California Watson Murder Charges
You also have to look at the fact that when the prosecutors, judges, and police evaluate these cases, they're looking at the life of the person who died and their family when they decide how they're going to handle the case.
So, that's where your defense attorney has to take over and do everything possible from your perspective:
- get a mitigation package together,
- show everything that helps you,
- do the investigation from the defense side.
It's important to note that the defense attorney's role is to ensure a fair and thorough investigation from your perspective. This is not typically done by prosecutors and police, but it's crucial for a balanced understanding of the case that led to the tragic outcome.
So, if you want the best and I think you need it. Pick up the phone. Ask for a meeting with Ron Hedding. I enjoy what I do. I enjoy helping people just like you.
Hedding Law Firm is a criminal defense law firm located in Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436.
We serve people in all Southern California courts, including those in LA, Orange, Ventura, Burbank, Woodland Hills, Calabasas, Hollywood, Riverside, and San Bernardino.