Criminal
Oct. 3, 2025
DUI street racing resulting in fatal collision upheld as second degree murder
A new California appellate decision affirms that prosecutors may pursue second-degree murder charges in DUI and street racing fatalities under the Watson implied malice doctrine, reinforcing their broad authority in vehicular homicide cases.
The Watson implied malice case provides broad discretion to state prosecutors to charge murder in driving homicide cases, which covers conduct from street racing to DUI driving causing death. In 1981, the California Supreme Court decided People v. Watson, which remains the leading case on vehicular implied malice murder. Watson drove to the bar and consumed large quantities of beer. On his way home, he narrowly avoided a collision while driving through a red lig...
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