Drunk Drivers Causing Fatal Accidents Increasingly Face Murder Charges
Law enforcement is cracking down on individuals who choose to drive while under the influence of either drugs or alcohol. Not only do these individuals make roads unsafe, they are also taking risks with consequences beyond their comprehension at the time of consumption. While most are simply seeking to have a good time, it is the aftermath of a DUI collision that can bring life to a screeching halt, literally.
Andrew Gallo is one man who should have known the consequences of his actions before he got behind the wheel. At the age of 23, he already had a prior conviction for drunken driving and had received a written warning from the court. This warning advised that Gallo would be charged with murder if he drove while under the influence and caused the death of another.
Even with this knowledge, Gallo drank to his heart’s content before getting behind the wheel of the minivan belonging to his parents. The high-speed crash he caused involved Los Angeles pitcher, Nick Adenhart and some friends. Three of the car’s occupants, including Adenhart, were killed in the crash.
Given Gallo’s previous offences and warning from the court, he was quickly found guilty of three counts of second-degree murder, instead of the standard manslaughter charge that generally accompanies a drunken driving death. This conviction helped to establish a trend in the California county to prosecute drunken drivers for murder.
Juries are becoming less forgiving of the crime, especially when a prior conviction exists. The promise of added years to a murder sentence makes it more appealing than the manslaughter charge. This trend is emerging throughout the country as states such as New York, Missouri and Alaska are taking a tougher stance against drunk drivers who knowingly get behind the wheel of a car and take the life of another.
Officials are taking the matter seriously. Orange County became one of the first California jurisdictions to establish a special unit focused on prosecuting vehicular homicides as 99 percent are related to drunken driving. While Gallo certainly gained notoriety, a Marine from Camp Pendleton with no prior convictions was another one to receive a murder conviction.
Interestingly, California has had the right to pursue murder convictions in drunken driving cases since 1981. It was at that time a state Supreme Court ruling was issued that allowed drunk drivers involved in fatal crashes to be charged with second-degree murder. Such actions are said to meet the standard for malice as they show a conscious disregard for human life.
Will the heavier charge help to reduce the number of drunk drivers on the road every year? According to recent statistics, drunk driving kills more than 13,000 Americans each year. And, despite constant campaigns to reduce DUIs through education, publicity and advertising, the reality is that drunken driving fatalities are not decreasing. Facing a potential murder charge could make the difference.
