In the case of People v. Watson (1981) 30 Cal.3d 290, the California Supreme Court ruled that if a person drives a car in a manner demonstrating a conscious disregard for human life, this will constitute “implied malice,” and the driver can be prosecuted and convicted of second-degree murder.
This means that if a person is killed as a result of extremely reckless driving, it may be considered an unlawful killing with malice aforethought. The “malice” necessary for a murder conviction will be implied from the conduct. This situation is most prevalent when a driver is fleeing from police or driving at a very high speed in an extremely reckless and dangerous manner.
When being charged or investigated for a crime, it is essential to contact a criminal defense attorney who can provide clarity. If you or someone you love has been accused of a crime in California, contact the experienced Southern California violent crime defense attorneys at Wallin & Klarich today at 1-888-280-6839 for a consultation of your case or visit www.wklaw.com. We can help you.
