The defendant had previously been convicted of multiple DUI-related charges
No matter what you may see in the movies, street racing is never a safe plan. When one or more of the drivers involved is intoxicated, it is even more dangerous — and may even turn deadly.
In August, a Santa Ana man was charged with second degree murder after he killed a man while street racing — while he was under the influence. According to a DUI defense lawyer in Santa Ana, CA, Louie Robert Villa was charged with murder instead of a lesser charge because he had been previously convicted of a DUI and given what is known as a Watson advisement.
This warning is based on a 1981 California Supreme Court ruling, People v. Watson. In this decision, the Court held that a person who killed someone else while driving drunk could be charged with and convicted of murder if it could be shown that they acted with a reckless disregard for human life. The result of this decision was that when an individual is convicted of a DUI in California, they are given the following warning:
“You are hereby advised that being under the influence of alcohol or drugs, or both, impairs your ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence or alcohol or drugs, or both. If you continue to drive while under the influence of alcohol or drugs, or both, and, as a result of that driving, someone is killed, you can be charged with murder.”
If that person later kills someone in a DUI accident, they can then be charged with murder — because they had specific knowledge that driving under the influence is dangerous and could lead to the death of another person.
Mr. Villa received the Watson advisement in 2012, after he pled guilty to a DUI in Orange County. On the night of the accident, his blood alcohol concentration was 0.24% — three times the legal limit. He was racing another man, Ricardo Tolento, when his vehicle slammed into a pickup truck that was making a left turn. The driver of the truck died in the accident after the truck was thrown 50 feet and caught fire. Mr. Tolento was charged with gross vehicular manslaughter rather than second degree murder. This charge represents the likelihood that Mr. Tolento does not have a prior DUI conviction. Mr. Villa faces a minimum of 15 years to life in prison if convicted, while Mr. Tolento’s charge carries a minimum sentence of 11 years.
This case illustrates the way that a DUI charge can be elevated if you have a prior DUI conviction — including increasing a gross vehicular manslaughter charge to homicide if you have previously been warned about the dangers of drunk driving after a DUI conviction.
If you have been charged with a DUI, the Chambers Law Firm is here for you. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a DUI defense lawyer in Santa Ana, CA.
