Summary: The Charges

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Recommended: First-degree murder charges

The Charges

In recent years, prosecutors have charged drivers who have killed while under the influence with first degree murder. Drivers under the influence made the decision to drive knowing they were incapacitated and were accused of turning their vehicle into a murder weapon. Under California law, however, these charges would most likely be considered second degree murder.

At drivinglaws.org, it states the following: "In the context of an unintentional killing, malice aforethought means the person committed an intentional act—the natural and probable consequences of which were dangerous to human life—and did so with conscious disregard for the risk it posed to others."

For example, a person got behind the wheel of a car knowing his/her

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